Stanford Law School - Robert Crown Law Library

Filed 10/22/08

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,
Plaintiff and Respondent,
S033360
v.
KEONE WALLACE,
Fresno County
Defendant and Appellant.
Super. Ct. No. 444550-8

MODIFICATION OF OPINION

THE COURT:
The opinion herein filed August 14, 2008, and published at 44 Cal.4th
1032, is modified as follows:
On page 1087, second full paragraph, before the last sentence, and after the
sentence, “Here, the trial court’s authorization for defendant to submit to a
psychiatric evaluation by a prosecution expert was contrary to our recent opinion
in Verdin.” the following sentence is inserted: “Moreover, admission of Dr.
Terrell’s testimony regarding defendant’s refusal to cooperate with the court-
ordered psychiatric examination was also error.”
This modification does not affect the judgment.

---

Automatic appeal from a judgment of death.

Opinion Information

Date:	Citation:	Docket Number:	Category:	Status:	Cross Referenced Cases:
Wed, 10/22/2008	44 Cal.4th 1032 original opinion 45 Cal. 4th 76b modification	S033360M	Automatic Appeal	closed; remittitur issued	WALLACE (KEONE) ON H.C. (S140077)

Disposition
Aug 14 2008	Opinion: Affirmed

Dockets
May 27 1993	Judgment of death
Jun 15 1993	Filed certified copy of Judgment of Death Rendered   5-27-93.
Jun 15 1993	Application for Extension of Time filed   By Court Reporter Renee Torres to Complete R.T.
Jun 18 1993	Extension of Time application Granted   To Court Reporter To 7-16-93 To Complete R.T.
Mar 6 1998	Counsel appointment order filed   Upon request of appellant for appointment of counsel, David J. Macher is hereby appointed to represent appellant on his automatic appeal now pending in this court.
Apr 2 1998	Application for Extension of Time filed   By Applt to request correction of the Record.
Apr 6 1998	Extension of Time application Granted   To Applt To 6-8-98 To request Corr. of Record.
Jun 3 1998	Application for Extension of Time filed   By Applt to request correction of the Record.
Jun 8 1998	Extension of Time application Granted   To 8-7-98 To request Record correctioon
Jun 10 1998	Compensation awarded counsel
Aug 4 1998	Application for Extension of Time filed   By Applt to request correction of the Record.
Aug 7 1998	Extension of Time application Granted   To 10-6-98 To request Record correction
Oct 5 1998	Application for Extension of Time filed   By Applt to request correction of the Record.
Oct 7 1998	Filed:   Suppl Proof of Service of request for Eot.
Oct 13 1998	Extension of Time application Granted   To 12-07-98 To request Record correction
Nov 24 1998	Compensation awarded counsel
Dec 1 1998	Counsel appointment order filed   Upon request of appellant for appointment of counsel, Michael Cross is hereby appointed to represent appellant Keone Wallace for habeas corpus/executive clemency proceedings related to the above automatic appeal now pending in this court.
Dec 7 1998	Application for Extension of Time filed   By Applt to request correction of the Record.
Dec 11 1998	Extension of Time application Granted   To 2-5-99 To request Record correction
Dec 14 1998	Compensation awarded counsel
Feb 8 1999	Application for Extension of Time filed   By Applt to request correction of the Record.
Feb 16 1999	Filed:   Suppl Decl of David Macher in support of Applic. for Eot.
Feb 22 1999	Extension of Time application Granted   To 4-6-99 To request Record correction
Apr 6 1999	Application for Extension of Time filed   By Applt to request Record correction
Apr 12 1999	Extension of Time application Denied   The request by Appellant for Extension of time to request correction of The Record Is denied
Apr 16 1999	Order filed:   Upon the court's own motion, the order filed on 4-12-99, is vacated. The applic. of applt for an extension of time to request correction of the record is granted to and including 6-7-99. No further extensions of time are contemplated.
May 27 1999	Application for Extension of Time filed   By Applt to request correction of the Record.
Jun 1 1999	Extension of Time application Granted   To 8-6-99 To request Record correction no further Extensions of time will be Granted.
Jun 16 1999	Compensation awarded counsel
Jun 30 1999	Compensation awarded counsel
Jun 30 1999	Received copy of appellant's record correction motion   motion to correct, augment and settle the record on appeal. (81 pp.)
Jul 7 1999	Compensation awarded counsel
Sep 21 1999	Compensation awarded counsel   Atty Cross
Oct 20 1999	Compensation awarded counsel   Atty Cross
Jan 3 2000	Compensation awarded counsel   Atty Cross
Feb 16 2000	Compensation awarded counsel   Atty Cross
Mar 22 2000	Compensation awarded counsel   Atty Cross
Apr 20 2000	Compensation awarded counsel   Atty Cross
Jul 19 2000	Counsel's status report received (confidential)   from atty David Macher.
Aug 4 2000	Counsel's status report received (confidential)   from atty Michael Cross.
Sep 18 2000	Counsel's status report received (confidential)   from atty Macher.
Oct 10 2000	Counsel's status report received (confidential)   atty Cross.
Oct 18 2000	Compensation awarded counsel   Atty Cross
Nov 20 2000	Counsel's status report received (confidential)   from atty Macher.
Dec 6 2000	Counsel's status report received (confidential)   from atty Cross.
Dec 8 2000	Compensation awarded counsel   Atty Cross
Jan 16 2001	Counsel's status report received (confidential)   from atty Macher.
Jan 17 2001	Compensation awarded counsel   Atty Cross
Feb 5 2001	Counsel's status report received (confidential)   from atty Cross.
Feb 28 2001	Compensation awarded counsel   Atty Cross
Mar 14 2001	Counsel's status report received (confidential)   from atty Macher.
Apr 19 2001	Compensation awarded counsel   Atty Cross
May 18 2001	Counsel's status report received (confidential)   from atty Cross.
May 21 2001	Counsel's status report received (confidential)   from atty Macher.
Jul 11 2001	Counsel's status report received (confidential)   from atty Cross.
Jul 18 2001	Counsel's status report received (confidential)   from atty Macher.
Jul 19 2001	Record on appeal filed   C-45 (12,359 Pp.) ; R-69 (8,283) - including material under seal and 10,151 pp. of juror questionnaires.
Jul 19 2001	Appellant's Opening Brief Letter sent, due: 8/29/2001.
Jul 30 2001	Compensation awarded counsel   Atty Macher
Aug 15 2001	Compensation awarded counsel   Atty Cross
Aug 27 2001	Application for Extension of Time filed   To file AOB. (1st request)
Aug 28 2001	Extension of Time application Granted   To 10/29/2001 to file AOB.
Sep 13 2001	Counsel's status report received (confidential)   from atty Cross.
Sep 24 2001	Counsel's status report received (confidential)   from atty Macher.
Oct 24 2001	Compensation awarded counsel   Atty Cross
Oct 26 2001	Application for Extension of Time filed   To file AOB. (2nd request)
Nov 1 2001	Extension of Time application Granted   To 12/28/2001 to file AOB.
Nov 13 2001	Counsel's status report received (confidential)   from atty Cross.
Nov 29 2001	Counsel's status report received (confidential)   from atty Macher.
Dec 27 2001	Extension of time granted   To 2/26/2002 to file AOB.
Dec 27 2001	Request for extension of time filed   To file AOB. (3rd request)
Jan 23 2002	Counsel's status report received (confidential)   from atty Cross.
Feb 22 2002	Request for extension of time filed   To file AOB. (4th request)
Feb 22 2002	Counsel's status report received (confidential)   from atty Macher.
Feb 25 2002	Extension of time granted   To 4/2/2002 to file AOB.
Mar 6 2002	Order filed   Due to clerical error, the order filed in the above matter on February 25, 2002, is amended to read as follows: On application of appellant. and good cause appering, it is ordered that the time to serve and file AOB is extended to and including 4/29/2002.
Mar 22 2002	Counsel's status report received (confidential)   from atty Cross.
Mar 27 2002	Counsel's status report received (confidential)   from atty Cross.
Apr 24 2002	Counsel's status report received (confidential)   from atty Macher.
Apr 24 2002	Request for extension of time filed   To file AOB. (5th request)
Apr 30 2002	Extension of time granted   To 6/28/2002 to file AOB. Counsel anticipates filing the brief by 8/31/2002. Only one further extension totaling 64 additional days is contemplated.
May 23 2002	Counsel's status report received (confidential)   from atty Cross.
Jun 21 2002	Request for extension of time filed   to file AOB. (6th request)
Jun 21 2002	Counsel's status report received (confidential)   from atty Macher.
Jun 26 2002	Compensation awarded counsel   Atty Cross
Jul 16 2002	Extension of time granted   To 8/27/2002 to file AOB. Counsel anticipates filing that brief by 9/30/2002. One further extension totaling 34 additional days will be granted.
Aug 15 2002	Counsel's status report received (confidential)   from atty Cross.
Aug 20 2002	Request for extension of time filed   to file AOB. (7th request)
Aug 20 2002	Counsel's status report received (confidential)   from atty Macher.
Aug 23 2002	Extension of time granted   to 10-28-2002 to file AOB. After that date, no further extension will be granted. Extension granted based upon counsel Macher's representation that he anticipates filing the AOB by 10-26-2002.
Oct 18 2002	Counsel's status report received (confidential)   from attorney Macher.
Oct 18 2002	Application to file over-length brief filed   (328 pp. opening brief submitted under seprate cover)
Oct 18 2002	Counsel's status report received (confidential)   from attorney Cross.
Oct 21 2002	Order filed   Appellant's appliation to file brief in excess of 280 pages is granted.
Oct 21 2002	Appellant's opening brief filed   (328 pp.)
Nov 4 2002	Compensation awarded counsel   Atty Macher
Nov 13 2002	Compensation awarded counsel   Atty Cross
Nov 18 2002	Request for extension of time filed   To file respondent's brief. (1st request)
Nov 19 2002	Extension of time granted   to 1-21-2003 to file respondent's brief.
Dec 18 2002	Counsel's status report received (confidential)   from atty Cross.
Jan 17 2003	Request for extension of time filed   to file respondent's brief. (2nd request)
Jan 22 2003	Extension of time granted   to 3/24/2003 to file respondent's brief. After that date, only three further extensions totaling about 180 additional days are contemplated. Extension is granted based upon Deputy Attorney General Alison Elle Aleman's representation that she anticipates filing that brief by 9/16/2003.
Feb 21 2003	Counsel's status report received (confidential)   from atty Cross.
Mar 19 2003	Request for extension of time filed   to file respondent's brief. (3rd request)
Mar 24 2003	Extension of time granted   to 5/23/2003 to file respondent's brief. After that date, only two further extensions totaling about 120 additional days are contemplated. Extension is granted based upon Deputy Attorney General Allison Elle Aleman's representation that she anticipates filing that brief by 9/16/2003.
Apr 22 2003	Counsel's status report received (confidential)   from atty Cross.
May 19 2003	Request for extension of time filed   to file respondent's brief. (4th request)
May 21 2003	Compensation awarded counsel   Atty Cross
May 21 2003	Extension of time granted   to 7/22/2003 to file respondent's brief. After that date, only one further extension totaling about 60 additional days is contemplated. Extension is granted based upon Deputy Attorney General Alison Elle Aleman's representation that she anticipates filing that brief by 9/16/2003.
Jun 13 2003	Counsel's status report received (confidential)   from atty Cross.
Jul 16 2003	Request for extension of time filed   to file respondent's brief. (5th request)
Jul 23 2003	Extension of time granted   to 9-22-2003 to file respondent's brief. After that date, only one further extension totaling about 60 additional days will be granted. Extension granted based upon counsel Alison Elle Aleman's representation that she anticipates filing the brief by 11-21-2003.
Aug 12 2003	Counsel's status report received (confidential)   from atty Cross.
Sep 19 2003	Request for extension of time filed   to file respondent's brief. (6th request)
Sep 25 2003	Extension of time granted   to 11/21/2003 to file respondent's brief. Extension is granted based upon Deputy Attorney General Alison Elle Aleman's representation that she anticipates filing that brief by 11/21/2003. After that date, no further extension will be granted.
Oct 14 2003	Counsel's status report received (confidential)   from attorney Cross.
Nov 19 2003	Request for extension of time filed   to file respondent's brief. (7th request)
Nov 26 2003	Extension of time granted   to 1/21/2004 to file respondent's brief. Extension is granted based upon Deputy Attorney General Alison Elle Aleman's representation that she anticipates filing that brief by 1/21/2004. After that date, no further extension will be granted.
Dec 10 2003	Compensation awarded counsel   Atty Cross
Dec 15 2003	Counsel's status report received (confidential)   from atty Cross.
Jan 14 2004	Request for extension of time filed   to file respondent's brief. (8th request)
Jan 20 2004	Extension of time granted   to 3/22/2004 to file respondent's brief. Extension is granted based upon Deputy Attorney General Alison Elle Aleman's representation that she anticipates filing that brief by 3/22/2004. After that after that date, no further extension will be granted.
Mar 15 2004	Request for extension of time filed   to file respondent's brief. (9th request)
Mar 19 2004	Counsel's status report received (confidential)   from atty Cross.
Mar 19 2004	Extension of time granted   to 4/21/2004 to file the respondent's brief. After that date, only one further extension totaling about 30 additional days will be granted. Extension is granted based upon Deputy Attorney General Alison Elle Aleman's representation that she anticipates filing that brief by 5/21/2004.
Apr 19 2004	Request for extension of time filed   to file respondent's brief. (10th request)
Apr 27 2004	Extension of time granted   to 5/21/2004 to file respondent's brief. based upon Deputy Attorney General Allison Elle Aleman's representation that she anticipates filing that brief by 5/21/2004. After that date, no further extension will be granted.
May 19 2004	Request for extension of time filed   to file respondent's brief. (11th request)
May 21 2004	Extension of time granted   to 6-21-2004 to file respondent's brief. After that date, no further extension will be granted. Extension granted based upon Deputy AG Alison Elle Aleman's representation that she anticipates filing the brief by 6-21-2004.
Jun 9 2004	Compensation awarded counsel   Atty Cross
Jun 14 2004	Request for extension of time filed   to file respondent's brief. (12th request)
Jun 21 2004	Counsel's status report received (confidential)   from atty Cross.
Jun 21 2004	Extension of time granted   to 7/21/2004 to file respondent's brief. Extension is granted based upon Deputy Attorney Alison Elle Aleman's representation that she anticipates filing that brief by 7/21/2004. After that date, no further extension will be granted.
Jul 14 2004	Request for extension of time filed   to file respondent's brief. (13th request)
Jul 21 2004	Extension of time granted   to 8/20/2004 to file respondent's brief. Extension is granted based upon Deputy Attorney General Alison Elle Aleman's representation that she anticipates filing that brief by 8/20/2004. After that date, no further extension will be granted.
Aug 16 2004	Counsel's status report received (confidential)   from atty Cross.
Aug 16 2004	Request for extension of time filed   to file respondent's brief. (14th request)
Aug 24 2004	Extension of time granted   to 9/17/2004 to file respondent's brief. Extension is granted based upon Deputy Attorney General Allison Elle Aleman's representation that she anticipates filing that brief by 9/17/2004. After that date, no further extension will be granted.
Sep 13 2004	Request for extension of time filed   to file respondent's brief. (15th request)
Sep 15 2004	Extension of time granted   to 10/15/2004 to file respondent's brief. Extension is granted based upon Deputy Attorney General Alison Elle Aleman's representation that she anticipates filing that brief by 10/15/2004. After that date, no further extension will be granted.
Oct 12 2004	Request for extension of time filed   to file respondent's brief. (16th request)
Oct 19 2004	Extension of time granted   to 11/12/2004 to file respondent's brief. Extension is granted based upon Deputy Attorney General Alison Elle Aleman's representation that she anticipates filing that brief by 11/12/2004. After that date, no further extension will be granted.
Oct 21 2004	Counsel's status report received (confidential)   from atty Cross.
Nov 8 2004	Request for extension of time filed   to file respondent's brief. (17th request)
Nov 16 2004	Extension of time granted   to 12/6/2004 to file respondent's brief. Extension is granted based upon Deputy Attorney General Alison Aleman's representation that she anticipates filing that brief by 12/6/2004. After that date, no further extension will be granted.
Dec 1 2004	Request for extension of time filed   to file respondent's brief. (18th request)
Dec 3 2004	Extension of time granted   to 12/20/2004 to file respondent's brief. Extension is granted based upon Deputy Attorney General Alison Elle Aleman's representation that she anticipates filing that brief by 12/20/2004. After that date, no further extension will be granted.
Dec 13 2004	Counsel's status report received (confidential)   (supplemental) from atty Cross.
Dec 15 2004	Request for extension of time filed   to file respondent's brief. (19th request)
Dec 20 2004	Extension of time denied   to file respondent's brief.
Dec 23 2004	Application for relief from default filed   and request for extension of time to file respondent's brief.
Dec 27 2004	Counsel's status report received (confidential)   from atty Cross.
Jan 3 2005	Order filed   Respondent's request for relief from default and for extension of time to file respondent's brief is denied.
Jan 12 2005	Application for relief from default filed   by respondent and for leave to file respondent's brief. (49,839 word brief submitted under separate cover)
Jan 13 2005	Order filed   respondent's request for relief from default and for leave to file respondent's brief is granted.
Jan 13 2005	Respondent's brief filed   (49,839 words; 174 pp.)
Jan 28 2005	Request for extension of time filed   to file appellant's reply brief. (1st request)
Feb 1 2005	Extension of time granted   to 4/4/2005 to file appellant's reply brief.
Mar 23 2005	Change of contact information filed for:   habeas corpus counsel, Michael Cross.
Mar 30 2005	Request for extension of time filed   to file appellant's reply brief. (2nd request)
Apr 7 2005	Extension of time granted   to 6/3/2005 to file appellatn's reply brief. Extension is granted based upon counsel David Joseph Macher's representation that he anticipates filing that brief by 6/3/2005. After that date, no further extension will be granted.
May 9 2005	Counsel's status report received (confidential)   from atty Cross.
May 23 2005	Request for extension of time filed   to file appellant's reply brief. (3rd request)
May 25 2005	Extension of time granted   to 7/5/2005 to file appelant's reply brief. After that date, no further extension will be granted. Extension is granted based upon counsel David Joseph Macher's representation that he anticipates filing that brief by 7/3/2005.
Jun 8 2005	Compensation awarded counsel   Atty Macher
Jun 17 2005	Appellant's reply brief filed   (26,551 words; 110 pp.)
Jun 29 2005	Compensation awarded counsel   Atty Macher
Jul 18 2005	Counsel's status report received (confidential)   from atty Cross.
Sep 19 2005	Counsel's status report received (confidential)   from atty Cross.
Dec 12 2005	Counsel's status report received (confidential)   from atty Cross.
Jan 4 2006	Related habeas corpus petition filed (concurrent)   No. S140077
Mar 8 2006	Compensation awarded counsel   Atty Cross
Mar 29 2006	Compensation awarded counsel   Atty Cross
May 9 2006	Motion for access to sealed record filed
Jun 21 2006	Motion for access to sealed record granted   Respondent's "Request for Sealed Records Pursuant to Penal Code Section 987.9, Subdivision (d)" is granted. The clerk is directed to provide respondent with copies of the following material from the record in People v. Wallace, S033360: Sealed Clerk's Transcript on Appeal, volume 3, pages 790 through 814; and Sealed Supplemental Clerk's Transcript volume 6, pages 269 through 312. Respondent is directed to use these documents only in these habeas corpus proceedings. (Pen. Code, section 987.9, subd. (d).) If respondent wishes to quote, cite, disclose, or describe these documents in any court papers, those papers must themselves be filed or lodged under seal, or respondent may move this court to unseal the documents. The clerk is directed to maintain these documents under seal.
Aug 2 2006	Change of contact information filed for:   applt counsel David Joseph Macher.
Apr 23 2007	Habeas funds request filed (confidential)
Jun 20 2007	Order filed re habeas funds request (confidential)   re: request filed on April 23, 2007.
Jan 31 2008	Compensation awarded counsel   Atty Cross
Feb 8 2008	Compensation awarded counsel   Atty Cross
Feb 28 2008	Compensation awarded counsel   Atty Cross
Mar 3 2008	Oral argument letter sent   advising counsel that the court could schedule this case for argument as early as the May 2008 calendars, to be held the weeks of May 5 and May 26, 2008, 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.
Apr 2 2008	Received:   letter from Deputy Attorney General Aleman, dated April 1, 2008, regarding the scheduling of oral argument.
Apr 30 2008	Case ordered on calendar   to be argued on Tuesday, May 27, 2008, at 1:30 p.m., in San Francisco
May 7 2008	Received:   appearance sheet from Attorney David Joseph Macher, indicating 30 minutes for oral argument for appellant.
May 8 2008	Received:   appearance sheet from Alison E. Aleman, Deputy Attorney General, indicating 30 minutes for oral argument for respondent.
May 15 2008	Filed:   appellant's focus issues letter, dated May 13, 2008.
May 22 2008	Received:   appellant's additional authorities letter, dated May 20, 2008.
May 23 2008	Received:   respondent's focus issue letter, dated May 23, 2008.
May 27 2008	Cause argued and submitted
Jun 4 2008	Compensation awarded counsel   Atty Macher
Jun 5 2008	Compensation awarded counsel   Atty Cross
Jun 25 2008	Compensation awarded counsel   Atty Cross
Aug 13 2008	Notice of forthcoming opinion posted
Aug 14 2008	Opinion filed: Judgment affirmed in full   opinion by Kennard, J. ----- joined by, George, C.J., Baxter, Werdegar, Chin, Moreno and Corrigan, JJ.
Aug 28 2008	Rehearing petition filed   by appellant. (2,657 words; 13 pp.)
Aug 29 2008	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 November 12, 2008, or the date upon which rehearing is either granted or denied, whichever occurs first.
Oct 22 2008	Rehearing denied   The opinion is modified on the court's own motion. The petition for rehearing is denied. Werdegar, J., was absent and did not participate.
Oct 22 2008	Opinion modified - no change in judgment
Oct 22 2008	Remittitur issued (AA)
Oct 29 2008	Received:   acknowledgment of receipt of remittitur.
Jan 20 2009	Received:   from appellant, copy of motion for leave to proceed in forma pauperis on petition for writ of certiorari. (31 pp.)
Feb 2 2009	Received:   Letter from U.S.S.C., dated January 22, 2009, adivising the petition for writ of certiorari was filed on January 16, 2009, no. 08-8280.
Apr 22 2009	Counsel fee request received   Atty Cross
Apr 30 2009	Compensation awarded counsel   Atty Cross
May 4 2009	Certiorari denied by U.S. Supreme Court
May 14 2009	Compensation awarded counsel   Atty Cross

Briefs
Oct 21 2002	Appellant's opening brief filed
Jan 13 2005	Respondent's brief filed
Jun 17 2005	Appellant's reply brief filed

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