Stanford Law School - Robert Crown Law Library

In re Grayson (1997) 15 Cal.4th 792 , 64 Cal.Rptr.2d 102; 937 P.2d 645

[No. S018815. Jun 5, 1997.]

In re VIOLET ELIZABETH GRAYSON on Contempt.

THE PEOPLE, Plaintiff,v. RAYMOND ANTHONY GURULE, Defendant.

(Opinion by The Court.)

COUNSEL

Violet Elizabeth Grayson, in pro. per.

OPINION

THE COURT.

In 1989, in San Mateo County Superior Court, Raymond Anthony Gurule was sentenced to death after being convicted by a jury of first degree murder with special circumstances. On September 9, 1993, this court appointed Violet Elizabeth Grayson as counsel on appeal for appellant in the automatic appeal, People v. Gurule (S018815, app. pending). The trial generated a record of 25,489 pages, including a 16,796-page reporter's transcript and a 8,693-page clerk's transcript. After corrections and augmentations, the record was certified and filed with this court on or about May 16, 1995.

This court informed Grayson by letter dated May 16, 1995, that the record had been certified and filed with this court, and the appellant's opening brief was due on June 26, 1995. This court thereafter granted requests for extensions of time to file appellant's opening brief on June 16, 1995, August 9, 1995, October 27, 1995, and December 22, 1995.

On April 22, 1996, we granted Grayson's fifth application for an extension of time to file the opening brief to and including May 28, 1996, but stated in our order: "The court will not grant any further applications to extend time to file the opening brief absent a convincing showing of substantial progress on that brief."

On June 12, 1996, we granted a sixth extension of time to file the opening brief to and including July 27, 1996, but stated in our order: "No further extensions of time are contemplated." (Italics added.)

On August 12, 1996, we granted a seventh extension of time to file the opening brief to and including September 25, 1996, but stated in our order: "No further extensions of time will be granted." (Italics added.)

On September 26, 1996, Grayson filed her eighth application for an extension of time to file the appellant's opening brief. We denied the application on October 3, 1996.

[1] This court issued an order on April 23, 1997, directing Grayson to file appellant's opening brief on or before May 16, 1997, or "the court will [15 Cal.4th 794] consider issuance of an order directing counsel Violet E. Grayson to show cause before this court ... why counsel should not be held in contempt of court...." At that time, the appellant's opening brief was almost seven months in default. Grayson did not file the brief by the close of business on May 16, 1997.

On May 21, 1997, this court issued an order to show cause why Grayson should not be held in contempt of court for failing to comply with the court's April 23, 1997, order. This court also ordered Grayson to appear before the court for a contempt hearing on June 5, 1997, at 1:30 p.m. She filed the return to the order to show cause on May 27, 1997, and appeared before the court on June 5, 1997.

The court finds Grayson has not complied with the court's order of April 23, 1997. The court also finds Grayson was aware of, and had the ability to comply with, that order, and her failure to do so was willful. Willful failure to comply with an order of the court constitutes contempt. (In re Young (1995) 9 Cal.4th 1052, 1053 [40 Cal.Rptr.2d 114, 892 P.2d 148]; Code Civ. Proc., § 1209, subd. (a)5.)

Grayson's failure to comply with the April 23, 1997, order of this court is an act occurring within the immediate view and presence of the court within the meaning of Code of Civil Procedure section 1211 (In re Young, supra, 9 Cal.4th at pp. 1053-1054), and constitutes a direct contempt.

The court finds Violet Elizabeth Grayson guilty of contempt of this court. Having been adjudged in contempt of the California Supreme Court, Violet Elizabeth Grayson is ordered to pay a fine of $1,000.

Pursuant to Business and Professions Code section 6086.7, the clerk is directed to notify the State Bar of this action by forwarding to the State Bar a copy of this judgment of contempt. [15 Cal.4th 795]

Automatic appeal from a judgment of death.

Opinion Information

Date:	Citation:	Docket Number:	Category:	Status:	Cross Referenced Cases:
Thu, 06/05/1997	15 Cal.4th 792	S018815	Automatic Appeal	closed; remittitur issued	GURULE (RAYMOND) ON H.C. (S115250)

Disposition
Jul 22 2002	Opinion: Affirmed

Dockets
Dec 19 1990	Judgment of death
Dec 21 1990	Filed certified copy of Judgment of Death Rendered 12-19-90.
Jan 2 1991	Application for Extension of Time filed By Court Reporter Colleen Miller to Complete R.T.
Jan 4 1991	Extension of Time application Granted To Court Reporter To 2-6-91 To Complete R.T.
Sep 9 1993	Counsel appointment order filed V. Elizabeth Grayson, Esq. Is appointed to represent Applt on His A.A., Including Any Related Habeas Proceedings.
Oct 12 1993	Application for Extension of Time filed By Applt to request correction of Record.
Oct 12 1993	Filed: Applt's Applic. to Associate P. Cecilia Storr as Counsel.
Oct 14 1993	Extension of Time application Granted To Applt To 12-13-93 To request Corr. of Record.
Dec 13 1993	Application for Extension of Time filed By Applt to request correction of Record.
Dec 16 1993	Extension of Time application Granted To Applt To 2-14-94 To request Corr. of Record.
Jan 11 1994	Filed: Withdrawal of Applic., filed 10-12-93, to Associate P. Cecilia Storr.
Feb 14 1994	Application for Extension of Time filed By Applt to request correction of Record.
Feb 17 1994	Extension of Time application Granted To Applt To 4-29-94 To request Corr. of Record.
Mar 2 1994	Compensation awarded counsel
Apr 18 1994	Application for Extension of Time filed By Applt to request correction of Record.
Apr 25 1994	Filed: Suppl Decl in support of Applt's Applic. for Ext. of Time.
Apr 29 1994	Extension of Time application Granted To Applt To 6-28-94 To request Corr. of Record.
Jun 29 1994	Application for Extension of Time filed By Applt to request correction of Record.
Jul 1 1994	Extension of Time application Granted To Applt To 8-29-94 To request Corr. of Record.
Aug 29 1994	Application for Extension of Time filed By Applt to request correction of the Record.
Sep 2 1994	Extension of Time application Granted To Applt To 10-28-94 To request Corr. of Record.
Oct 31 1994	Application for Extension of Time filed By Applt to request correction of Record.
Nov 3 1994	Extension of Time application Granted To Applt To 12-27-94 To request Corr. of Record.
Dec 21 1994	Compensation awarded counsel
Apr 19 1995	Motion filed By Applt for appointment of Counsel.
May 16 1995	Record on appeal filed C-29 (8,693 Pp.) and R-173 (13,858 Pp.). Clerk's Transcript includes 4,448 pages of Juror Questionnaires.
May 16 1995	Appellant's opening brief letter sent, due: 6-26-95.
May 17 1995	Order filed: Motion for appointment of Counsel to represent Mark Garrison, filed 4-19-95, Is denied without Prejudice. the Court Will Entertain A Motion by Mark Garrison for appointment of Counsel If & when A motion to Unseal Sealed Psychiatric Records & Sealed Transcripts Concerning Him Is filed in Peo V. Gurule, No. S018815.
May 18 1995	Compensation awarded counsel
May 18 1995	Exhibits Lodged: Court's: GG and JJ.
Jun 1 1995	Motion filed By Applt to Unseal Sealed Portions of Record.
Jun 12 1995	Application for Extension of Time filed To file Opposition To Unseal Records.
Jun 13 1995	Note: Ext. of time requested by Resp to file Opposition to motion to Unseal Records Is Approved by Court; no Order will be filed.
Jun 15 1995	Filed: Reponse to Resp's Applic. for Ext. of Time.
Jun 15 1995	Application for Extension of Time filed To file Aob.
Jun 19 1995	Extension of Time application Granted To 8-25-95 To file Aob.
Jun 23 1995	Motion filed By Atty Peter F. Goldscheider for appointment of Counsel (for Mark Garrison).
Jun 30 1995	Opposition filed By Resp to motion to Unseal Psychiatric Records (9 Pp.)
Aug 7 1995	Application for Extension of Time filed To file Aob.
Aug 9 1995	Extension of Time application Granted To 10-24-95 To file Aob.
Aug 30 1995	Order filed: The motion to Unseal Portions of The Record Pertaining to The Psychiatric Records of Mark Garrison Is Hereby denied. The motion for Appointment of Counsel for Mark Garrison Is Also denied. After briefing by the parties, this Court, in Conjunction with its Review of the Record on Appeal and of the Pleadings in this Matter, Shall Conduct an in Camera Review of the Sealed Documents before Ruling on the merits of Any and all Arguments Pertaining to these Sealed Materials. (See Cal. Rules of Court, Rule 33.5, Subd.(B).) If Necessary, the Court Shall Order Additional briefing Based on its Review of the Sealed Materials At that Time. Mosk, J. Is of the opinion the Motions should Be Granted.
Oct 25 1995	Application for Extension of Time filed To file Aob.
Oct 27 1995	Extension of Time application Granted To 12-26-95 To file Aob.
Dec 21 1995	Application for Extension of Time filed To file Aob.
Dec 22 1995	Extension of Time application Granted To 2-26-96 To file Aob.
Feb 21 1996	Compensation awarded counsel
Feb 26 1996	Application for Extension of Time filed To file Aob.
Mar 27 1996	Filed: Supplemental Declaration in support of Eot to file AOB by (Atty Grayson)
Apr 22 1996	Order filed: Counsel's Applic. to extend Until 5-28-96, the time to file AOB Is Granted. the Court Will not grant Any further Applications to extend time to File the AOB Absent A Convincing Showing of Substantial Progress on that brief.
May 13 1996	Change of Address filed for: Atty Violet Elizabeth Grayson.
May 24 1996	Motion filed "Further" motion of Applt Re Sealed Portions of Record (5 Pp. Excluding Appendix).
May 24 1996	Application for Extension of Time filed To file Aob.
May 31 1996	Filed: Letter from Resp, dated 5-30-96, Advising that Resp Opposes Applt's further motion Re Sealed Portions of Transcripts.
Jun 12 1996	Extension of Time application Granted To 7-27-96 To file Aob. no further Extensions of time Are Contemplated.
Jun 12 1996	Order filed: Denying Applt's further motion Re Sealed Portions of the Record. After briefing by the parties, this Court, in Conjunction with its Review of the Record on Appeal & of the Pleadings in this Matter, Shall Conduct an in Camera Review of the Sealed Documents before Ruling on the merits of Any and all Arguments Pertaining to these Sealed Materials. (See Cal. Rules of Court, Rule 33.5, Subd.(B).) If Necessary, the Court Shall Order Additional briefing Based on its Review of the Sealed Materials At that Time. Mosk, J. Is of the opinion the motion should be Granted.
Jul 29 1996	Application for Extension of Time filed To file Aob.
Aug 5 1996	Filed: (Revised) Proof of Service of request for Eot to file Aob.
Aug 12 1996	Extension of Time application Granted To 9-25-96 To file Aob. no further Extensions of time will be Granted.
Sep 26 1996	Application for Extension of Time filed To file Aob.
Oct 3 1996	Extension of Time application Denied To file Aob.
Apr 23 1997	Order filed: AOB Shall be filed on or before 5-16-97. If the brief Is not filed by that Date, the Court Will Consider Issuance of an Order directing Counsel Violet E. Grayson to Show Cause before this Court, when the Matter Is Ordered on Calendar, Why Counsel should not be Held in Contempt of Court & Further Payments Suspended or other Sanction imposed for the Delay in the Appellate Process Occasioned by the Seven Extensions of time to File the brief Thus Far Granted.
May 21 1997	Order filed: In Accordance with the Authority Vested In this Court Under C.C.P. Section 1209, Atty Violet E. Grayson, 5701-A Alpine Rd., Santa Rosa, Ca, 95404, Is Ordered to Show Cause before this Court on 6-5-97, At 1:30 P.M. At its Courtroom in the Ronald Reagan State Office Building, 300 South Spring St., Third Floor, North Tower, Los Angeles, Ca, Why She should not be Held in Contempt of Court for the Willful Neglect of Her Duty to file The AOB in this Case, which Was Due on 5-16-97. A final Order of Contempt Involving Grounds Warranting Discipline Requires Notification to The State Bar of Calif. (Bus. & Prof. Code, Sec. 6086.7; See Also Rules of Prof. Conduct, Rule 3-110(A)["A Member Shall not intentionally, Recklessly, or Repeatedly Fail to Perform Legal Services with Competence"].) the Written return Shall be filed on or before 5-28-97. Votes: George, C.J., Mosk, Kennard, Baxter, Werdegar, Chin and Brown, J.J.
May 27 1997	Motion filed By Violet Elizabeth Grayson to Modify Order of 5-21-97.
May 28 1997	Filed: Ms. Grayson's return to Osc.
May 28 1997	Order filed: The "motion to Modify Order of 5-21-97," filed with this Court on 5-27-97, Is denied.
Jun 5 1997	Order filed: In Re Violet Elizabeth Grayson, Atty At Law --- by the Court: In 1989, In San Mateo Co. Superior Ct., Raymond Anthony Gurule Was Sentenced to Death After Being Convicted by A Jury of First Degree Murder with Special Circumstances. on 9-9-93, this Court appointed Violet Elizabeth Grayson as Counsel on Appeal for Applt in the A.A., People V. Raymond Anthony Gurule, S018815. the Trial Generated A Record of 25,489 Pp., Including A 16,796-Pp. R.T. and A 8,693-Pp. C.T. After corrections & Augmentations, the Record Was certified & filed with this Court on or About 5-16-95. this Court Informed Grayson by letter dated 5-16-95, that the Record had been certified & filed with this Court, & the AOB Was Due on 6-26-95. this Court Thereafter granted Requests for Extensions of time to file AOB on 6-16-95, 8-9-95, 10-27-95, & 12-22-95. on 4-22-96, We Granted Grayson's 5th Applic. for an Ext. of time to file the AOB to & Including 5-28-96, But Stated in Our Order: "the Court Will not grant Any Further Applications to extend time to file the Opening brief Absent A Showing of Substantial Progress on that brief." on 6-12-96, We Granted A 6th Ext. of time to file the AOB to & Including 7-27-96, But Stated in Our Order: "no further Extensions of time Are Contemplated." (Italics Added.) on 8-12-96, We granted A 7th Ext. of time to file the AOB to & Including 9-25-96, But Stated in Our Order: "no further Extensions of time will be Granted." (Italics Added). on 9-26-96, Grayson filed Her 8th Applic. for an Ext. of time to file the Aob. We Denied the Applic. on 10-3-96. this Court issued an Order on 4-23-97, directing Grayson to file AOB on or before 5-16-97, or "the Court Will Consider Issuance of an Order directing Counsel Violet E. Grayson to Show Cause before this Court ...Why Counsel should not be Held in Contempt of Court...." At that Time, the AOB Was Almost Seven Months in Default. Grayson did not file the brief by the Close of Business on 5-16-97. On 5-21-97, this Court issued an OSC Why Grayson should not be Held in Contempt of Court for Failing to Comply with the Court's 4-23-97, Order. This Court Also Ordered Grayson to appear before the Court for A Contempt Hearing on 6-5-97, At 1:30 P.M. She filed the return to the OSC on 5-27-97, & appeared before the Court on 6-5-97. the Court Finds Grayson has not Complied with the Court's Order of 4-23-97. the Court Also Finds Grayson Was Aware of & had the Ability to Comply with that Order & Her Failure to do so Was Willful. Willful Failure to Comply with an Order Of the Court Constitutes Contempt. (in Re Young (1995) 9 Cal.4th 1052, 1053; Code Civ. Proc., Sec. 1209, Subd. (A)5.) Grayson's Failure to Comply with the 4-23-97, Order of this Court Is an Act Occurring within the Immediate View & Presence of the Court within the Meaning of Code Of Civil Procedure Section 1211 (in Re Young, Supra, 9 Cal.4th At Pp. 1053-1054), & Constitutes A direct Contempt. the Court Finds Violet Elizabeth Grayson Guilty of Contempt of this Court. Having been Adjudged in Contempt of the Calif. Supreme Court, Violet Elizabeth Grayson Is Ordered to Pay A Fine of $1,000. Pursuant to Business & Professions Code Section 6086.7, the Clerk Is directed to Notify the State Bar of this Action by Forwarding to the State Bar A copy of this Judgment of Contempt.
Jun 23 1997	Received: Check in the Amount of $1000.00 from Elizabeth Grayson Re Sanctions.
Jul 11 1997	Order filed: Violet E. Grayson, as Counsel for Applt Raymond Anthony Gurule, Is Ordered to file the AOB in this case on or before July 31, 1997.
Jul 31 1997	Appellant's opening brief filed (253 Pp.)
Aug 29 1997	Compensation awarded counsel
Sep 2 1997	Application for Extension of Time filed To file Resp's brief.
Sep 4 1997	Extension of Time application Granted To 11-3-97 To file Resp's brief.
Oct 29 1997	Application for Extension of Time filed To file Resp's brief.
Oct 31 1997	Extension of Time application Granted To 1-2-98 To file Resp's brief.
Dec 29 1997	Application for Extension of Time filed To file Resp's brief.
Dec 30 1997	Extension of Time application Granted To 2-2-98 To file Resp's brief.
Jan 28 1998	Application for Extension of Time filed By Respondent to file Respondent's brief
Jan 30 1998	Extension of Time application Granted To 3/3/98 To file Respondent's brief
Feb 19 1998	Application for Extension of Time filed To file Resp's brief.
Feb 24 1998	Extension of Time application Granted To 4-2-98 To file Respondent's brief
Mar 30 1998	Application for Extension of Time filed To file Resp's brief.
Apr 1 1998	Extension of Time application Granted To 5-4-98 To file Resp's brief.
Apr 29 1998	Application for Extension of Time filed To file Resp's brief.
May 5 1998	Extension of Time application Granted To 6-3-98 To file Resp's brief.
Jun 1 1998	Application for Extension of Time filed To file Resp's brief.
Jun 4 1998	Extension of Time application Granted To 7-6-98 To file Resp's brief. no further Extensions of time Are Contemplated.
Jul 1 1998	Application for Extension of Time filed To file Resp's brief.
Jul 6 1998	Extension of Time application Granted To 8-25-98 To file Resp's brief. no further Extensions of time will be Granted.
Aug 26 1998	Filed: Request for Leave to file Resp's brief Exceeding 280 Pp. (brief submitted Under Separate Cover.)
Aug 28 1998	Order filed: Granting Resp's request for Leave to file Resp's brief in Excess of page Limit.
Aug 28 1998	Respondent's brief filed (393 Pp.)
Sep 22 1998	Application for Extension of Time filed To file reply brief.
Sep 24 1998	Extension of Time application Granted To 11-16-98 To file reply brief
Nov 13 1998	Application for Extension of Time filed To file reply brief.
Nov 17 1998	Extension of Time application Granted To 12-16-98 To file reply brief
Nov 24 1998	Compensation awarded counsel
Dec 16 1998	Application for Extension of Time filed To file reply brief.
Dec 28 1998	Filed: Supplement to Extension of time to file reply brief
Jan 4 1999	Extension of Time application Granted To 1-15-99 To file reply brief
Jan 15 1999	Application for Extension of Time filed To file reply brief.
Jan 25 1999	Extension of Time application Granted To 2-16-99 To file reply brief.
Feb 17 1999	Application for Extension of Time filed To file reply brief.
Feb 23 1999	Filed: Suppl Decl of Atty Grayson in support of request for Eot.
Feb 26 1999	Extension of Time application Granted To 3-18-99 To file reply brief no further Extensions of time Are Contemplated
Mar 19 1999	Application for Extension of Time filed To file reply brief.
Mar 25 1999	Extension of Time application Granted To 5-3-99 To file reply brief no further Extensions of time Are Contemplated
May 3 1999	Appellant's reply brief filed (130 Pp.)
Jun 11 1999	Change of Address filed for: Attorney General - S.F. Office.
Aug 3 1999	Habeas funds request filed (confidential)
Sep 29 1999	Order filed re Habeas Funds Request
Dec 19 2001	Exhibits lodged People's 6,7 and 8.
Jan 9 2002	Received: From Atty. V. Elizabeth Grayson, motion to withdraw as habeas corpus counsel. (Not filed because supporting declaration submitted under seal). (note: motion and declaration returned to counsel, unfiled, on 2-20-2002.)
Jan 9 2002	Request to file document under seal filed (AA case) Motion to file under seal declaration in support of motion to withdraw as habeas corpus counsel.
Jan 22 2002	Received: Supplemental proof of service of motion to withdraw as habeas corpus counsel. (note: returned to counsel, unfiled, on 2-20-2002.)
Jan 22 2002	Filed: Supplemental proof of service of motion to file under seal declaration in support of motion to withdraw as habeas corpus counsel.
Feb 20 2002	Application to file document under seal denied The application of attorney Violet Elizabeth Grayson, filed January 9, 2002, to seal the declaration lodged in support of her motion to withdraw (received and lodged by the court on January 9, 2002, but not yet filed) as appointed habeas corpus/executive clemency counsel of record for appellant Raymond Anthony Gurule in state proceedings related to his pending automatic appeal, is denied, and the lodged declaration is ordered returned to appointed counsel.
Mar 28 2002	Case ordered on calendar 5-7-02, 1:30pm, S.F.
Apr 29 2002	Letter sent to: counsel requesting oral argument "focus issue" letter; due 5-1-2002.
Apr 30 2002	Filed letter from: respondent with "focus issues."
May 1 2002	Filed letter from: Counsel for applt., dated 5/1/2002, re focus issues for oral argument.
May 7 2002	Cause argued and submitted
Jun 24 2002	Motion to withdraw as counsel filed by atty. V. Elizabeth Grayson.
Jun 26 2002	Counsel's status report received (confidential) from atty Grayson.
Jun 26 2002	Filed: Supplemental proof of service of motion to withdraw as counsel of record.
Jul 22 2002	Opinion filed: Judgment affirmed in full Majority Opinion By Werdegar, J., ----- Joined by George, CJ., Kennard, Baxter, Chin, Brown and Moreno, JJ.
Jul 24 2002	Withdrawal of counsel allowed by order Good cause appearing, application of appointed counsel for permission to withdraw as habeas corpus/executive clemency attorney of record for appellant Raymond Anthony Gurule, filed 6-24-02 is granted. The order appointing Violet Elizabeth Grayson as counsel of record for appellant Raymond Anthony Gurule, filed 9-09-3, is hereby vacated with respect to the habeas corpus/executive clemency proceedings related to the above automatic appeal now pending in this court. Ms. Grayson shall remain as counsel of record for appellant's pending automatic appeal, and shall continue to be responsible for all appellate duties specified in Supreme Court Policies Regarding Cases Arising From Judgments of Death, Policy 3, standards 1-1 and 2-1. Michael G. Millman, as Executive Director of the California Appellate Project in San Francisco, is hereby appointed to serve as interim habeas corpus/executive clemency counsel of record for appellant Raymond Anthony Gurule. Violet Elizabeth Grayson is directed to deliver to Executive Director Michael G. Millman, within 30 days from the filing of this order, all habeas corpus investigation work product, trial files, investigation reports and related materials that she has obtained from appellant's trial counsel, paralegals, experts and investigators, or from any other source. Werdegar, J., and Brown, J., were absent and did not participate.
Jul 24 2002	Order filed In conjunction with the order filed this day permitting Violet Elizabeth Grayson to withdraw as habeas corpus/executive clemency counsel of record for appellant Raymond Anthony Gurule, with regard to the above automatic appeal now pending in this court, Ms. Grayson is ordered to reimburse this court the sum of $38,000. Subject to Ms. Grayson's timely and satisfactory completion of her on-going obligations with regard to the representation of appellant Gurule on his pending automatic appeal, the court will permit her to satisfy this reimbursement order from future appellate fixed fee progress payments to which she would otherwise become entitled. Werdegar, J., and Brown, J., were absent and did not participate.
Aug 5 2002	Rehearing petition filed by applt. (20 pp.)
Aug 6 2002	Time extended to consider modification or rehearing To 11/3/2002, or the date upon which rehearing is either granted or denied., whichever occurs first.
Aug 29 2002	Compensation awarded counsel Atty Grayson
Oct 2 2002	Rehearing denied
Oct 2 2002	Remittitur issued (AA)
Oct 9 2002	Received: Acknowledgment of receipt of remittitur.
Oct 31 2002	Order filed (150 day statement)
Dec 27 2002	Received letter from: U.S.S.C., dated 12/20/2002, advising extension granted to 1/30/2003 to file cert petition.
Feb 11 2003	Received letter from: U.S.S.C., dated 2/6/2003, advising cert petition filed 1/29/2003, No. 02-8879.
Mar 11 2003	Received: copy of respondent's brief in opposition to cert petn. (8 pp.)
Mar 13 2003	Exhibits returned Court's GG and JJ and People's 6, 7 and 8 returned to San Mateo County Superior Court.
Mar 19 2003	Received: Acknowledgment of receipt of exhibits.
Apr 7 2003	Order appointing Habeas Corpus Resource Center filed The order appointing Michael G. Millman, Executive Director of the California Appellate Project, to serve as interim habeas corpus/executive clemency counsel of record for condemned prisoner Raymond Anthony Gurule, filed July 24, 2002, is hereby vacated. The Habeas Corpus Resource Center is hereby appointed attorney of record for condemned prisoner Raymond Anthony Gurule. 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 her motion to withdraw, to the effect that she was unable to discharge her duty to investigate and, if appropriate, present a habeas corpus petition on Gurule's behalf.
Apr 21 2003	Related habeas corpus petition filed (post-judgment) (No. S115250)
Apr 30 2003	Compensation awarded counsel Atty Grayson
Mar 22 2005	Motion filed (AA) Appellant's, "Application for an Order Allowing Counsel to Inspect and Copy Sealed and Confidential Transcripts i n the Record on Appeal."
Apr 4 2005	Filed: Respondent's response to application to inspect and copy sealed transcripts.
May 18 2005	Order filed Appellant's "Application for an Order Allowing Counsel to Inspect and Copy Sealed and Confidential Transcripts in the Record on Appeal," filed on March 22, 2005, is granted in part and denied in part. Appellant's application is granted to the following extent: Appellant may inspect and copy guilt phase volume 7, pages 909-923 (sealed reporter's transcript of Aug. 2, 1989), second penalty phase volume 1, pages 6-8 (sealed reporter's transcript of Nov. 6, 1989), second penalty phase volume 3, pages 71-75 (sealed reporter's transcript of Jan. 24, 1990), the declarations of Richard Delman, Ph.D., Vincent J. O'Malley, Mindy Rosenberg, and Philip S. Barnett, all under the heading "Declaration re Necessity of Defendant Herein to Be Represented by Two Attorneys" (sealed documents filed Jan. 24, 1990), and a handwritten note from Gurule dated January 23, 1990 (sealed document filed Jan. 24, 1990). The clerk is directed to provide appellant with copies of the foregoing documents. Appellant is further ordered not to use any such documents except in connection with the pending proceeding, In re Raymond Anthony Gurule on Habeas Corpus (S115250). The clerk is directed to cause all such documents to remain under seal, except as provided herein. In all other respects, appellant's application is denied.
Feb 3 2007	Appellant deceased (AA)
Feb 8 2007	Note: received telephonic notification from Susan Garvey, HCRC, that Gurule died on February 3, 2007.

Briefs
Jul 31 1997	Appellant's opening brief filed (253 Pp.)
Aug 28 1998	Respondent's brief filed (393 Pp.)
May 3 1999	Appellant's reply brief filed (130 Pp.)

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