Stanford Law School - Robert Crown Law Library

Filed 8/10/11

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,
Plaintiff and Respondent,
S065720
v.
SEAN VENYETTE VINES,
Sacramento County
Defendant and Appellant.
Super. Ct. No. 94F08352
____________________________________)

MODIFICATION OF OPINION

THE COURT:
The opinion herein, appearing at 51 Cal.4th 830, advance report, is modified as
follows:
On page 854 of 51 Cal.4th, the first sentence of the third complete paragraph,
beginning “Defendant’s characterization of B.S.’s view,” is deleted. In its place is
substituted the following sentence: “We disagree.”
This modification does not affect the judgment.

---

Automatic appeal from a judgment of death.

Opinion Information

Date:	Citation:	Docket Number:	Category:	Status:
Thu, 08/11/2011	51 Cal. 4th 830, 251 P.3d 943, 124 Cal. Rptr. 3d 830	S065720M	Automatic Appeal	closed; remittitur issued

Disposition
May 19 2011	Opinion: Affirmed

Dockets
Nov 7 1997	Judgment of death
Nov 13 1997	Filed certified copy of Judgment of Death Rendered   November 7, 1997.
Nov 13 1997	Penal Code sections 190.6 et seq. apply to this case
Jul 22 1998	Record certified for completeness
Jul 27 2001	Note:   pro per habeas corpus petition denied. (see case no. S097317)
May 30 2003	Counsel appointment order filed   appointing Gilbert Gaynor to represent appellant for the direct appeal.
May 30 2003	Filed:   appellant's application for appointment of counsel (IFP form)
Jun 23 2003	Date trial court delivered record to appellant's counsel   (9,486 pp. record) (see Calif. Rules of Court, rule 39.50(c); the date of delivery is the date of mailing plus five days.)
Jun 26 2003	Appellant's opening brief letter sent, due:   1-20-2004. (pursuant to Calif. Rules of Court, rule 39.57(b))
Jul 30 2003	Counsel's status report received (confidential)   from atty Gaynor.
Oct 9 2003	Counsel's status report received (confidential)   from attorney Gaynor.
Oct 22 2003	Compensation awarded counsel   Atty Gaynor
Nov 12 2003	Compensation awarded counsel   Atty Gaynor
Dec 10 2003	Counsel's status report received (confidential)   from atty Gaynor.
Dec 22 2003	Received copy of appellant's record correction motion   Application to correct, complete and settle the record on appeal. (41 pp.)
Jan 20 2004	Request for extension of time filed   to file appellant's opening brief. (1st request)
Jan 23 2004	Extension of time granted   to 3/22/2004 to file appellant's opening brief. The court anticipates that after that date, only five further extensions totaling 300 additional days will be granted. Counsel is ordered to inform or her assisting attorney or entity, if any, and any assisting attorney or entity of any separate counsel of record, of this schedule, and to take all steps necessary to meet it.
Feb 9 2004	Counsel's status report received (confidential)   from atty Gaynor.
Mar 10 2004	Compensation awarded counsel   Atty Gaynor
Mar 18 2004	Request for extension of time filed   to file appellant's opening brief. (2nd request)
Mar 19 2004	Extension of time granted   to 5/21/2004 to file appellant's opening brief. The court anticipates that after that date, only four further extensions totaling about 240 additional days will be granted. Counsel is ordered to to inform his or her assisting attorney or entity, if any, and any assisting attorney or entity of any separate counsel of record, of this schedule, and to take all steps necessary to meet it.
Mar 24 2004	Compensation awarded counsel   Atty Gaynor
Mar 30 2004	Record certified for accuracy
Apr 12 2004	Counsel's status report received (confidential)   from atty Gaynor.
May 12 2004	Record on appeal filed   clerk's transcript 23 volumes (5753 pp.) and reporter's transcript 16 volumes (3571 pp.) including material under seal; ASCII disks. Clerk's transcript includes 3271 pp. of juror questionnaires.
May 12 2004	Letter sent to:   counsel advising that the record, certified for accuracy, was filed this date.
May 21 2004	Request for extension of time filed   to file appellant's opening brief. (3rd request)
May 25 2004	Extension of time granted   to 7-20-2004 to file AOB. The court anticipates that after that date, only three further extensions totaling about 180 additional days will be granted. Counsel is ordered to inform his or her assisting attorney or entity, if any, and any assisting attorney or entity of any separate counsel of record, of this schedule, and to take all steps necessary to meet it.
Jun 14 2004	Counsel's status report received (confidential)   from atty Gaynor.
Jun 15 2004	Compensation awarded counsel   Atty Garynor
Jun 30 2004	Compensation awarded counsel   Atty Gaynor
Jul 19 2004	Request for extension of time filed   to file appellant's opening brief. (4th request)
Jul 21 2004	Extension of time granted   to 9/20/2004 to file appellant's opening brief. The court anticipates that after that date, only two further extensions totaling about 120 additional days will be granted. Counsel is ordered to inform his or her assisting attorney or entity, if any, and any assisting attorney or entity of any separate counsel of record, of this schedule, and to take all steps necessary to meet it.
Aug 9 2004	Counsel's status report received (confidential)   from atty Gaynor.
Sep 7 2004	Request for extension of time filed   to file appellant's opening brief. (5th request)
Sep 9 2004	Extension of time granted   to 11/19/2004 to file appellant's opening brief. The court anticipates that after that date, only one further extension totaling about 60 additional days will be granted. Counsel is ordered to inform his or her assisting attorney or entity, if any, and any assisting attorney or entity of any separate counsel of record, of this schedule, and to take all steps necessary to meet it.
Oct 14 2004	Counsel's status report received (confidential)   from atty Gaynor.
Nov 19 2004	Request for extension of time filed   to file appellant's opening brief. (6th request)
Nov 29 2004	Extension of time granted   to 1/19/2005 to file appellant's opening brief. Extension is granted based upon counsel Gilbert Gaynor's representation that he anticipates filing that brief by 1/19/2005. After that date, no further extension will be granted.
Dec 22 2004	Counsel's status report received (confidential)   from atty Gaynor.
Jan 19 2005	Request for extension of time filed   to file appellant's opening brief. (7th request)
Jan 20 2005	Extension of time granted   to 2/18/2005 to file appellant's opening brief. based upon counsel Gilbert Gaynor's representation that he anticipates filing that brief by 2/18/2005. After that date, no further extension will be granted.
Feb 22 2005	Application to file over-length brief filed   to file appellant's opening brief. (108,643 word-387 pp. opening brief submitted under separate cover pursuant to rule 40.1(b)(3)(A).
Feb 23 2005	Order filed   Appellant's application for permission to file overlength opening brief is granted.
Feb 23 2005	Appellant's opening brief filed   (108,643 words; 387 pp.)
Feb 23 2005	Respondent's brief letter sent; due:   June 23, 2005
May 18 2005	Compensation awarded counsel   Atty Gaynor
Jun 21 2005	Extension of time granted   to 8/22/2005 to file respondent's brief.
Jul 15 2005	Filed:   Appellant's application for permission to file supplemental brief. (3,373 word brief submitted under separate cover)
Jul 27 2005	Order filed   Appellant's "Application for permission to file supplemental brief re: Miller-El v. Dretke (2005) 125 S.Ct.2317" is granted. Any response to the supplemental brief must be included in respondent's brief due on 8/22/2005.
Jul 27 2005	Supplemental brief filed   appellant's brief re: Miller-El v. Dretke (2005) 125 S.Ct. 2317. (3373 words; 13 pp.)
Aug 15 2005	Request for extension of time filed   to file respondent's brief. (2nd request)
Aug 22 2005	Extension of time granted   to 10-21-2005 to file respondent's brief. After that date, no further extension is contemplated. Extension granted based upon Deputy AG Michael Dolida's representation that he anticipates filing the brief by 10-21-2005.
Sep 2 2005	Motion for access to sealed record filed   respondent's Application for Transmittal to Respondent of Confidential Documents.
Sep 23 2005	Letter sent to:   counsel: On September 2, 2005, respondent filed an application for transmittal of confidential documents that asks this court to unseal, as to respondent only, pages 4616-4620 of the reporter's transcript, constituting the sealed transcript of the hearing on appellant's Marsden motion. (See Cal. Rules of Court, rules 12.5(f)(5), 31.2(a)(4).) On its own motion, the court is considering unsealing pages 4616-4620 of the reporter's transcript as to the public and for all purposes. (See Cal. Rules of Court, rule 12.5(f)(3).) Any party opposing such proposed unsealing must file an opposition within 10 days from this date. Any party may file a response to such an opposition within five days after the filing of the opposition.
Sep 28 2005	Filed:   Supplemental declaration of service of respondent's application for tansmittal to respondent of confidential documents.
Oct 19 2005	Request for extension of time filed   to file respondent's brief. (3rd request)
Oct 27 2005	Extension of time granted   to 12/20/2005 to file respondent's brief. Exension is granted based upon Deputy Attorney General Michael Dolida's representation that he anticipates filing that brief by 12/20/2005. After that date, no further extension will be granted.
Nov 2 2005	Motion for access to sealed record granted   Respondent's "Application for Transmittal to Respondent of Confidential Documents," filed on September 2, 2005, is granted. The Clerk of this court is directed to provide respondent with a copy of the reporter's transcript of the in camera hearing on Tuesday, September 16, 1997, before Judge James L. Long, pages 4616-4620. On the court's own motion, the Clerk of this court is directed to unseal these pages for all purposes.
Dec 21 2005	Request for extension of time filed   to file respondent's brief. (4th request)
Dec 29 2005	Respondent's brief filed   (39847 words; 141 pp.)
Dec 30 2005	Extension of time granted   to 12/30/2005 to file the respondent's brief. After that date, no further extension will be granted.. Extension is granted based upon Deputy Attorney General Michael Dolida's representation that he anticipates filing that brief by 12/30/2005.
Feb 27 2006	Request for extension of time filed   to file appellant's reply brief. (1st request)
Mar 2 2006	Extension of time granted   to April 28, 2006 to file appellant's reply brief.
Apr 28 2006	Request for extension of time filed   to file appellant's reply brief. (2nd request)
May 8 2006	Filed:   supplemental declaration in support of application for extension of time to file appellant's opening brief.
May 11 2006	Extension of time granted   to June 27, 2006 to file appellant's reply brief. After that date, only two further extensions totaling about 120 additional days are contemplated. Extension is granted based upon counsel Gilbert Gaynor's representation that he anticipates filing that brief by October 26, 2006.
Jun 27 2006	Request for extension of time filed   to file appellant's reply brief. (3rd request)
Jun 30 2006	Extension of time granted   to August 28, 2006 to file appellant's reply brief. After that date, only one further extension totaling about 60 additional days is contemplated. Extension is granted based upon counsel Gilbert Gaynor's representation that he anticipates filing that brief by October 26, 2006.
Aug 28 2006	Request for extension of time filed   to file appellant's reply brief. (4th request)
Aug 29 2006	Extension of time granted   to October 27, 2006 to file appellant's reply brief. Extension is granted based upon counsel Gilbert Gaynor's representation that he anticipates filing that brief by October 27, 2006. After that date, no further extension is contemplated.
Oct 23 2006	Request for extension of time filed   to file appellant's reply brief. (5th request)
Oct 27 2006	Extension of time granted   to December 26, 2006 to file appellant's reply brief. Extension is granted based upon counsel Gilbert Gaynor's representation that he anticipates filing that brief by December 26, 2006. After that date, no further extension is contemplated.
Dec 29 2006	Appellant's reply brief filed   (33,648 words; 120 pp.) (pursuant to Cal. Rules of Court, rule 40(b)(3)(A))
Dec 29 2006	Request for judicial notice filed (AA)   appellant's request.
Aug 29 2007	Compensation awarded counsel   Atty Gaynor
Sep 12 2007	Compensation awarded counsel   Atty Gaynor
Feb 3 2009	Exhibit(s) lodged   from superior court, People's exhibit 130 (vhs tape)
Jun 25 2009	Compensation awarded counsel   Atty Gaynor
Jan 28 2010	Exhibit(s) lodged   from superior court, Defense exhibit B-1 (vhs tape)
Jan 21 2011	Oral argument letter sent   advising counsel that the court could schedule this case for argument as early as the March calendar, to be held the week of March 7, 2011, in San Francisco. The advisement of "focus issues," notification that two counsel are required, and any request for oral argument time in excess of 30 minutes must be submitted to the court within 10 days of the order setting the case for argument.
Feb 8 2011	Case ordered on calendar   to be argued Wednesday, March 9, 2011, at 9:00 a.m., in San Francisco
Feb 9 2011	Justice pro tempore assigned   Hon. Judith Meisels Ashmann-Gerst Second Appellate District, Division Two
Feb 17 2011	Received:   appearance sheet from Deputy Attorney General Michael Dolida, indicating 30 minutes for oral argument for the respondent.
Feb 18 2011	Filed:   appellant's focus issues letter and request for 45 minutes for oral argument, dated February 17, 2011.
Feb 22 2011	Filed:   proof of service for appellant's focus issues letter filed February 18, 2011.
Feb 22 2011	Filed:   respondent's focus issues letter, dated February 18, 2011.
Feb 24 2011	Received:   appearance sheet from Attorney at Law Gilbert Gaynor, indicating 45 minutes for oral argument for appellant.
Feb 25 2011	Received:   Letter from Gilbert Gaynor, Attorney at Law, dated February 24, 2011, indicating list of cases counsel intends to cite at oral argument which are not cited in the briefs.
Mar 9 2011	Cause argued and submitted
Mar 10 2011	Received:   appellant's additional authorities letter, dated February 25, 2011. (Letter was post-marked February 25, 2011 but not received by the court until March 10, 2011.)
May 11 2011	Request for judicial notice denied   The request for judicial notice, filed on December 29, 2006, is denied.
May 18 2011	Notice of forthcoming opinion posted   To be filed Thursday, May 19, 2011 at 10 a.m.
May 19 2011	Opinion filed: Judgment affirmed in full   Opinion by Werdegar, J. ----- joined by Cantil-Sakauye, C.J., Kennard, Baxter, Chin, Corrigan and Ashmann-Gerst (CA 2/2 assigned) JJ.
Jun 6 2011	Rehearing petition filed Appellant: Vines, Sean VenyetteAttorney: Gilbert Gaynor   by appellant. (2,280 words; 10 pp.) Timely filed pursuant to California Rules of Court, rule 8.25(b)(A).
Jun 6 2011	Time extended to consider modification or rehearing   The time for granting or denying rehearing in the above-entitled case is hereby extended to and including August 17, 2011 or the date upon which rehearing is either granted or denied, whichever occurs first.
Aug 10 2011	Rehearing denied; opinion modified   The opinion is modified. The petition for rehearing is denied.
Aug 10 2011	Remittitur issued

Briefs
Feb 23 2005	Appellant's opening brief filed
Dec 29 2005	Respondent's brief filed
Dec 29 2006	Appellant's reply brief filed

If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website