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In re Garland (2001) 25 Cal.4th 1172 , 108 Cal.Rptr.2d 591; 25 P.3d 1074

[No. S022481. Apr. 3, 2001.]

In re JEFFREY L. GARLAND on Contempt.

THE PEOPLE, Plaintiff and Respondent, v. MARTIN ANTHONY NAVARETTE, Defendant and Appellant.

(Opinion by The Court.)

COUNSEL

Jeffrey L. Garland, in pro. per.; and Dennis A. Fischer for Jeffrey L. Garland. [25 Cal.4th 1173]

OPINION

THE COURT.-

On August 14, 1991, in Los Angeles County Superior Court, appellant Martin Anthony Navarette was sentenced to death. On August 24, 1994, this court appointed Jeffrey L. Garland to represent appellant in his automatic appeal, People v. Navarette (S022481, app. pending), and any related habeas corpus proceedings. The record on appeal was certified and filed with this court on December 10, 1997, and included a reporter's transcript of 2,604 pages and a clerk's transcript of 2,689 pages. This court informed Garland by letter dated December 10, 1997, that appellant's opening brief was due on January 20, 1998. This court thereafter granted requests for extensions of time to file appellant's opening brief on January 14, 1998, April 15, 1998, May 19, 1998, June 19, 1998, July 17, 1998, September 23, 1998, October 28, 1998, November 23, 1998, and December 30, 1998.

On February 26, 1999, we granted Garland's 10th request for an extension of time to file the opening brief to and including April 23, 1999, but stated in our order: "No further extensions of time are contemplated."

On May 12, 1999, we granted Garland's 11th request for an extension of time to file the opening brief to and including June 22, 1999, stating in our order that the extension was based on "Garland's April 22, 1999, declaration that he 'expect[s] to complete [his] draft of the substantive portions of the opening brief ... within the next 60 days.' "

On July 1, 1999, we granted Garland's 12th request for an extension of time to file the opening brief to and including August 23, 1999, but stated once again: "No further extensions of time are contemplated."

On September 2, 1999, we granted Garland's 13th request for an extension of time to file the opening brief to and including November 22, 1999, but stated in our order: "No further extensions of time will be granted."

On November 23, 1999, Garland filed a 14th request for an extension of time to file appellant's opening brief. We denied the request on May 16, 2000. [25 Cal.4th 1174]

On October 25, 2000, this court issued an order directing Garland to file appellant's opening brief on or before November 24, 2000, or "the court will consider issuing an order directing appellant's counsel to show cause before this court, when the matter is ordered on calendar, why counsel should not be held in contempt of court and further payments suspended or other sanction imposed for his delay in the appellate process occasioned by the 14 extensions of time to file the brief thus far granted." At that time, appellant's opening brief had been in default for nearly a year. Garland did not file the brief on or before November 24, 2000.

On December 20, 2000, this court ordered Garland to show cause before this court on February 7, 2001, "why he should not be held in contempt of court for the willful neglect of his duty to file the appellant's opening brief in this case, which we previously ordered to be filed on or before November 24, 2000." We also ordered Garland to file a return to the order to show cause on or before January 5, 2001. No return was filed. On January 12, 2001, this court denied Garland's request to postpone the February 7, 2001, contempt hearing and ordered Garland to file appellant's opening brief at the hearing on February 7, 2001.

Garland appeared before the court on February 7, 2001, but he had not completed appellant's opening brief and did not file the brief at the hearing. Instead, he lodged with the court a 262-page draft of the brief and asked for more time in which to complete the brief. On February 13, 2001, this court continued the order to show cause re contempt to April 3, 2001, and ordered Garland to file a return to the order to show cause on or before March 9, 2001. We further ordered Garland to complete the appellant's opening brief and lodge it with the court on or before March 23, 2001. Garland filed a return on March 9, 2001, as ordered, and lodged appellant's opening brief with the court on March 23, 2001, again as ordered. Garland then appeared before the court on April 3, 2001, and he was afforded an opportunity to explain why he had not complied with the court's October 25, 2000, and January 12, 2001, orders.

[1] The court finds Garland has not complied with the court's October 25, 2000, and January 12, 2001, orders. The court also finds Garland was aware of, and had the ability to comply with, those orders and that his failure to do so was willful. Willful failure to comply with an order of the court constitutes contempt. (In re Grayson (1997) 15 Cal.4th 792, 794 [64 Cal.Rptr.2d 102, 937 P.2d 645]; Code Civ. Proc., § 1209, subd. (a)5.)

Moreover, Garland's failures to comply with the October 25, 2000, and January 12, 2001, orders of this court were acts occurring within the [25 Cal.4th 1175] immediate view and presence of the court within the meaning of Code of Civil Procedure section 1211 and constitute direct contempt. (In re Grayson, supra, 15 Cal.4th at p. 794.)

The court finds Jeffrey L. Garland guilty of contempt of this court. Having been adjudged in contempt of the California Supreme Court, Jeffrey L. Garland is ordered to pay a fine of $500.

Automatic appeal from a judgment of death.

Opinion Information

Date:	Citation:	Docket Number:	Category:	Status:	Cross Referenced Cases:
Tue, 04/03/2001	25 Cal.4th 1172	S022481	Automatic Appeal	closed; remittitur issued	NAVARETTE (MARTIN) ON H.C. (S122097)

Disposition
Apr 28 2003	Opinion: Affirmed

Dockets
Aug 14 1991	Judgment of death
Aug 19 1991	Filed certified copy of Judgment of Death Rendered 8-14-91.
Aug 24 1994	Counsel appointment order filed Jeffrey L. Garland, Esq. Is appointed to represent Applt on His A.A., Including Any Related Habeas Proceedings.
Aug 24 1994	Compensation awarded counsel
Oct 4 1994	Application for Extension of Time filed By Applt to request correction of Record.
Oct 7 1994	Extension of Time application Granted To Applt To 12-5-94 To request Corr. of Record.
Dec 5 1994	Application for Extension of Time filed By Applt to request correction of Record.
Dec 6 1994	Extension of Time application Granted To Applt To 2-3-95 To request Corr. of Record.
Feb 1 1995	Change of Address filed for: Atty Jeffrey Garland.
Feb 1 1995	Application for Extension of Time filed By Applt to request correction of Record.
Feb 6 1995	Extension of Time application Granted To Applt To 4-4-95 To request Corr. of Record. no further Extensions of time Are Contemplated.
Apr 4 1995	Application for Extension of Time filed By Applt to request correction of Record.
Apr 7 1995	Extension of Time application Granted To Applt To 5-4-95 To request correction of the Record. no further Extensions of time will be Granted.
May 4 1995	Application for Extension of Time filed By Applt to request correction of Record.
May 8 1995	Order filed: Denying Applt's "Applic. for Relief from Prospective Default & for one Week Ext. of time to request Corr. of the Record in the Trial Court."
May 12 1995	Received: Copy of Applt's request for Additional Record, to correct, Augment Record, Examine Sealed Transcripts & Settle Record (36 Pp. + attachments)
May 15 1995	Order filed: Granting Applt's Applic. for Relief from Default & for permission to file Initial request for correction of Record in the Trial Court.
Jul 19 1995	Compensation awarded counsel
Sep 7 1995	Change of Address filed for: Atty Jeffrey L. Garland.
Dec 10 1997	Record on appeal filed C-13 (2,689 Pp.) and R-20 (2,604 Pp.) (Includes Sealed Material); Clerk's Transcript includes 1,261 pages of Juror Questionnaires.
Dec 10 1997	Appellant's opening brief letter sent, due: 1-20-98.
Jan 9 1998	Change of Address filed for: Attorney Jeffrey L. Garland
Jan 12 1998	Application for Extension of Time filed By Applt to file AOB
Jan 14 1998	Extension of Time application Granted To April 20,1998 To file AOB
Jan 14 1998	Compensation awarded counsel
Mar 25 1998	Compensation awarded counsel
Apr 14 1998	Application for Extension of Time filed To file Aob.
Apr 15 1998	Extension of Time application Granted To 5-20-98 To file Aob.
May 15 1998	Application for Extension of Time filed To file Aob.
May 19 1998	Extension of Time application Granted To 6-19-98 To file AOB
Jun 18 1998	Application for Extension of Time filed To file Aob.
Jun 19 1998	Extension of Time application Granted To 7-20-98 To file Aob.
Jul 16 1998	Application for Extension of Time filed To file Aob.
Jul 17 1998	Extension of Time application Granted To 9-18-98 To file Aob.
Sep 16 1998	Application for Extension of Time filed To file Aob.
Sep 23 1998	Extension of Time application Granted To 10-19-98 To file Aob.
Oct 16 1998	Application for Extension of Time filed By Applt to file AOB
Oct 28 1998	Extension of Time application Granted To 11-19-98 To file AOB
Nov 19 1998	Application for Extension of Time filed To file Aob.
Nov 23 1998	Extension of Time application Granted To 12-21-98 To file Aob.
Dec 21 1998	Application for Extension of Time filed By Applt to file AOB
Dec 30 1998	Extension of Time application Granted To 2-22-99 To file AOB
Feb 22 1999	Application for Extension of Time filed To file Aob.
Feb 26 1999	Extension of Time application Granted To 4-23-99 To file AOB no further Extensions of time Are Contemplated
Apr 23 1999	Application for Extension of Time filed To file Aob.
May 12 1999	Extension of Time application Granted On the Basis of Atty Jeffrey L. Garland's April 22,1999,Declaration that He "Expect[S] to Complete [His]Draft of the Substantive Portions of the AOB And Forward it to the California Appellate Project within the Next 60 Days," the Application of Applt for an Extension of time to file AOB Is granted To and Including 6-22-99. Counsel Is To Notify the Court in Writing of the Date He Transmits the Draft of the Opening brief To the California Appellate Project.
Jun 22 1999	Application for Extension of Time filed To file Aob.
Jul 1 1999	Extension of Time application Granted To 8-23-99 To file AOB no further Extensions of time Are Contemplated
Aug 16 1999	Compensation awarded counsel
Aug 23 1999	Application for Extension of Time filed To file Aob.
Sep 2 1999	Extension of Time application Granted T0 11/22/99 to file Aob. no further Extensions of time will be Granted.
Nov 23 1999	Application for Extension of Time filed To file Aob.
Dec 1 1999	Filed: Suppl Declaration in support of Eot to file Aob.
May 16 2000	Extension of Time application Denied To file Aob.
Sep 21 2000	Counsel's status report received (confidential)
Oct 25 2000	Order filed: Appellant's opening brief shall be filed on or before Nov. 24, 2000. If the brief is not filed by that date, the court will consider issuing an order directing appellant's counsel to show cause before this court, when the matter is ordered on calendar, why counsel should not be held in contempt of court and further payments suspended or other sanctions imposed for his delay in the appellate process occasioned by the 14 extensions of time to file the brief thus far granted.
Dec 20 2000	Order to show cause issued (attorney contempt matter) In accordance with the authority vested in this court under Code of Civil Procedure section 1209, Attorney Jeffrey L. Garland, 1022 Broad Street, P.O. Box 655, Grinnell, Iowa 50112, is ordered to show cause before this court on February 7, 2001, at 9:00 am at its courtroom in The Library and Courts Building, 914 Capitol Mall, Sacramento, California, why he should not be held in contempt of court for the willful neglect of his duty to file the appellant's opening brief in this case, which we previously ordered to be filed on or before November 24, 2000. The written return shall be filed with the court on or before Friday, January 5, 2001. (votes: George, C.J., Mosk, Kennard, Baxter, Chin & Brown, J.J.)
Dec 21 2000	Case Ordered on Calendar: for OSC 2-7-01, 9am, Sac.
Jan 8 2001	Application for Extension of Time filed Application to defer the filing of resp Garland's return and to postpone hearing on the order to show cause.
Jan 12 2001	Order filed: The Application to Defer the Filing of Respondent Garland's Return and To Postpone Hearing on Order to Show Cause is denied. Attorney for appellant, Jeffrey L. Garland, is ordered to file appellant's opening brief at the hearing on February 7, 2001.
Feb 7 2001	Hearing held re Order to Show Cause re Comtempt
Feb 13 2001	Order filed: Pursuant to the bench order issued on February 7, 2001: The order to show cause re contempt is continued to the April 3, 2001, 9:00 a.m. calendar in Los Angeles. Mr. Garland's return to the order to show cause previously ordered by the court to be filed on or before January 5, 2001, is ordered to be filed on or before March 9, 2001. Mr. Garland is further ordered to complete the appellant's opening brief in People v. Navarette, case no. S022481, and lodge it with the court on or before March 23, 2001, along with a request for relief from default, and for permission to file the brief. If the completed brief is not lodged with the court on or before March 23, 2001, the court will consider issuing an order directing Mr. Garland to show cause before this court when the matter is ordered on calendar, why he should not be held in contempt of court a second time and further payment suspended or other sanction imposed for his continuing delay of the appellate process.
Mar 1 2001	Case Ordered on Calendar: 4-3-01, 9am, L.A. (OSC re contempt for atty Garland)
Mar 9 2001	Return to Order to Show Cause filed By atty. Jeffrey L. Garland. (11 pp.)
Mar 23 2001	Application to file Over-Length Brief filed - AOB (311 page AOB submitted under separate cover)
Mar 23 2001	Application for relief from default filed to file AOB.
Apr 3 2001	Order filed: Applt's request for relief from default is granted. Application for leave to file over-length brief is granted.
Apr 3 2001	Appellant's opening brief filed (311 pp.)
Apr 3 2001	Contempt order filed Attorney Garland held in contempt.
Apr 3 2001	Hearing held re Order to Show Cause re Contempt
Apr 17 2001	Received: $500 fine from attorney Jeffrey Garland (re: contempt).
Apr 26 2001	Application for Extension of Time filed to file resp's brief. (1st request)
Apr 30 2001	Extension of Time application Granted To 7/2/2001 to file respondent's brief.
May 3 2001	Compensation awarded counsel Atty Garland
May 14 2001	Counsel's status report received (confidential)
Jun 27 2001	Application for Extension of Time filed to file resp's brief. (2nd request)
Jul 10 2001	Extension of Time application Granted To 8/31/2001 to file resp.'s brief.
Aug 23 2001	Application for Extension of Time filed to file resp.'s brief. (3rd request)
Aug 28 2001	Extension of Time application Granted To 10/30/2001 to file resp.'s brief.
Oct 26 2001	Respondent's Brief filed. (261 pp.)
Nov 21 2001	Request for extension of time filed To file reply brief. (1st request)
Nov 26 2001	Extension of time granted To 1/14/2002 to file reply brief.
Dec 13 2001	Counsel's status report received (confidential)
Jan 14 2002	Request for extension of time filed To file reply brief. (2nd request)
Jan 23 2002	Extension of time granted To 3/14/2002 to file reply brief. Further extenstions shall be contingent on a declaration of counsel indicating that substantial progress has been made on the brief.
Feb 26 2002	Counsel's status report received (confidential) from atty Garland.
Mar 14 2002	Request for extension of time filed To file reply brief. (3rd request)
Apr 11 2002	Extension of time granted To 5/13/2002 to file reply brief. Counsel anticipates filing the brief by 9/30/2002. Only three further extensions totaling 139 additonal days will be granted. Counsel is ordered to inform his assisting entity of this schedule, and take all steps necessary to meet this schedule.
May 13 2002	Counsel's status report received (confidential)
May 13 2002	Request for extension of time filed To file reply brief. (4th request)
May 17 2002	Extension of time granted To 7/12/2002 to file reply brief. Counsel anticipates filing that brief by 9/30/2002. Only two further extensions totaling 79 additional days will be granted.
Jul 12 2002	Counsel's status report received (confidential) from atty Garland.
Jul 12 2002	Request for extension of time filed To file applt.'s reply brief. (5th request)
Jul 19 2002	Extension of time granted To 9/10/2002 to file applt.'s reply brief. Counsel anticipates filing that brief by 9/30/2002. One further extension totaling 20 additional days is contemplated.
Sep 13 2002	Request for extension of time filed To file appellant's reply brief. (6th request)
Sep 13 2002	Counsel's status report received (confidential) from atty Garland.
Sep 18 2002	Extension of time granted To 10/30/2002 to file appellant's reply brief. Extension is based upon counsel Jeffrey L. Garland's represnetation that he anticiaptes filing that brief by 10/30/2002. After that date, no further extension will be granted.
Oct 4 2002	Letter sent to: atty Garland re: 10-30-2002 due date for the reply brief.
Oct 30 2002	Request for extension of time filed to file reply brief. (7th request)
Nov 4 2002	Extension of time denied to file appellant's reply brief.
Nov 6 2002	Received: Appellan'ts eighth application for extension of time to file reply brief.
Nov 7 2002	Oral argument letter sent advising counsel that case could be scheduled for oral argument as early as the January calendar, to be held in S.F. the week of 1-6-2003. Any request for additional time to argue, notification of requirement for two counsel, or advisement of "focus issues" is due no later than 10 days after the case has been set for oral argument.
Dec 2 2002	Application for relief from default filed to file appellant's reply brief.
Dec 2 2002	Application to file over-length brief filed (221 pp. appellant's reply brief submitted under separate cover)
Dec 6 2002	Order filed Appellant's application for relief from default and for permission to file reply brief and application for leave to file reply brief in excess of 140 pages are granted.
Dec 6 2002	Appellant's reply brief filed (221 pp.)
Jan 7 2003	Case ordered on calendar 2-5-03, 9am, Sacramento
Jan 21 2003	Filed letter from: Respondent, dated 1/17/2003, re focus issues for oral argument and requesting 45 minutes for argument.
Jan 22 2003	Order filed The request of appellant for 45 minutes for oral argument is granted.
Jan 22 2003	Order filed The request of respondent for 45 minutes for oral argument is granted.
Jan 24 2003	Filed letter from: Appellant, dated 1/17/2003, re focus issues for oral argument and requesting 45 minutes for argument. (Faxed copy of letter received on 1/17/2003)
Feb 5 2003	Cause argued and submitted
Apr 7 2003	Counsel's status report received (confidential)
Apr 28 2003	Opinion filed: Judgment affirmed in full Majority Opinion by Brown, J. -- joined by George C.J., Kennard, Baxter, Werdegar, Chin & Moreno JJ.
May 14 2003	Rehearing petition filed by appellant. (9 pp. - per rule 40 (k))
May 16 2003	Time extended to consider modification or rehearing to 7/25/2003, or the date upon which rehearing is either granted or denied, whichever occurs first.
Jul 9 2003	Rehearing denied Petition for rehearing DENIED. George, C.J., and Brown, J., were absent and did not participate.
Jul 9 2003	Remittitur issued (AA)
Jul 14 2003	Motion filed by attorney Jeffrey Garland to withdraw as counsel of record; Motion to appoint new counsel (for habeas corpus).
Jul 15 2003	Order filed (150 day statement)
Jul 31 2003	Counsel appointment order filed Good cause appearing, the application of appointed counsel for permission to withdraw as habeas corpus/executive clemency attorney of record for condemned prisoner Martin Anthony Navarette, filed July 14, 2003, is granted. The order appointing Jeffrey L. Garland as counsel of record for condemned prisoner Martin Anthony Navarette, filed August 24, 1994, is hereby vacated with respect to the habeas corpus/executive clemency proceedings related to the above-referenced automatic appeal now final in this court. Mr. Garland shall continue to be responsible for all appellate duties specified in Supreme Court Policies Regarding Cases Arising From Judgments of Death, policy 3, standards1-1 and 2-1. On the court's own motion, Gary B. Wells is hereby appointed as habeas corpus/executive clemency counsel of record for condemned prisoner Martin Anthony Navarette. Counsel is appointed for purposes of all postconviction proceedings in this court, and for subsequent proceedings, including the preparation and filing of a petition for clemency with the Governor of California, as appropriate. Any "petition for writ of habeas corpus will be presumed to be filed without substantial delay if it is filed . . . within 24 months" of this date (Supreme Ct. Policies Regarding Cases Arising From Judgments of Death, policy 3, timeliness std. 1-1.1), and it will be presumed that any successive petition filed within that period is justified or excused (see In re Clark (1993) 5 Cal.4th 750, 774-782), in light of prior habeas corpus counsel's declaration, in support of his motion to withdraw, to the effect that he was unable to discharge his duty to investigate and, if appropriate, present a habeas corpus petition on behalf of condemned prisoner Martin Anthony Navarette. Jeffrey L. Garland is directed to deliver to Gary B. Wells, within 30 days from the filing of this order, all appellate and habeas corpus investigation work product, trial files, trial transcripts, investigation reports, and related materials that he has obtained from condemned prisoner Martin Anthony Navarette or his trial counsel, paralegals, experts and investigators, or from any other source. George, C.J. and Brown, J., were absent and did not participate.
Jul 31 2003	Order filed In conjunction with the order filed this day permitting Jeffrey L. Garland to withdraw as appointed habeas corpus/executive clemency counsel of record for condemned prisoner Martin Anthony Navarette, with regard to the above-referenced automatic appeal now final in this court, Mr. Garland is ordered to reimburse this court the sum of $35,000. Subject to Mr. Garland's timely and satisfactory completion of all remaining appellate obligations on behalf of his condemned client, as specified in Supreme Court Policies Regarding Cases Arising From Judgments of Death, policy 3, standards 1-1 and 2-1, the court will permit him to satisfy this reimbursement order from future appellate fixed fee progress payments to which he would otherwise become entitled. George, C.J. and Brown, J., were absent and did not participate.
Sep 8 2003	Counsel's status report received (confidential) from atty Wells.
Sep 11 2003	Compensation awarded counsel Atty Wells
Oct 2 2003	Compensation awarded counsel Atty Wells
Oct 3 2003	Received letter from: U.S.S.C, dated 9/29/2003, extension of time to file cert petition is extended to and including 11/6/2003.
Nov 10 2003	Received: Copy of appellant's cert petition. (31 pp. - excluding appendices)
Nov 14 2003	Counsel's status report received (confidential) from atty Wells.
Nov 17 2003	Received letter from: U.S.S.C., dated 11/17/2003, advising cert petition filed 11/12/2003 as No. 03-7376.
Dec 1 2003	Counsel's status report received (confidential) from atty Garland.
Jan 5 2004	Compensation awarded counsel Atty Wells
Jan 14 2004	Compensation awarded counsel Atty Wells
Jan 20 2004	Certiorari denied by U.S. Supreme Court
Jan 22 2004	Related habeas corpus petition filed (post-judgment) No. S122097
Jan 27 2004	Counsel's status report received (confidential) from atty Wells.
Mar 8 2004	Compensation awarded counsel Atty Wells
Mar 30 2004	Compensation awarded counsel Atty Wells
Apr 5 2004	Counsel's status report received (confidential) from atty Wells.
May 10 2004	Compensation awarded counsel Atty Wells
Jun 9 2004	Compensation awarded counsel Atty Wells
Aug 18 2004	Compensation awarded counsel Atty Wells
Sep 15 2004	Compensation awarded counsel Atty Wells
Dec 1 2004	Compensation awarded counsel Atty Wells
Mar 3 2005	Compensation awarded counsel Atty Wells
Mar 16 2005	Compensation awarded counsel Atty Wells
May 26 2005	Compensation awarded counsel Atty Wells
Jun 22 2005	Compensation awarded counsel Atty Wells
Aug 24 2005	Compensation awarded counsel Atty Wells
Aug 31 2005	Compensation awarded counsel Atty Wells
May 17 2006	Compensation awarded counsel Atty Wells
Jun 14 2006	Compensation awarded counsel Atty Wells
Oct 25 2006	Compensation awarded counsel Atty Wells
Jul 25 2007	Habeas funds request filed (confidential) by Navarrette.
Aug 8 2007	Compensation awarded counsel Atty Wells
Sep 19 2007	Order filed re habeas funds request (confidential)

Briefs
Mar 9 2001	Return to Order to Show Cause filed By atty. Jeffrey L. Garland. (11 pp.)
Apr 3 2001	Appellant's opening brief filed (311 pp.)
Oct 26 2001	Respondent's Brief filed. (261 pp.)
Dec 6 2002	Appellant's reply brief filed (221 pp.)

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