Citation 15 Cal.4th 792
In re Grayson
Automatic appeal from a judgment of death.
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.)
COUNSELViolet Elizabeth Grayson, in pro. per.
OPINIONTHE 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., ยง 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]
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) |
Parties
| 1 |
Gurule, Raymond Anthony (Appellant) Represented by Violet Elizabeth Grayson Attorney at Law 270 9th Ave. San Francisco, CA |
| 2 |
Gurule, Raymond Anthony (Appellant) Represented by Habeas Corpus Resource Center Michael Laurence, Executive Director 50 Fremont St., Suite 1800 San Francisco, CA |
| 3 |
The People (Respondent) Represented by Attorney General - San Francisco Office Jeffrey M. Bryant, deputy 455 Golden Gate Ave., Suite 11000 San Francisco, CA |
| 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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