Supreme Court of California Justia
Citation 44 Cal.4th 385b original opinion43 Cal.4th 1040 original opinion
Richardson v. Super. Ct.

Filed 7/16/08


Tulare County
Super. Ct. No. CRT27383

Real Party in Interest.

The opinion herein, filed on May 22, 2008, appearing at 43 Cal.4th 1040, is
modified as follows:
Footnote 7 on page 1053 is modified to read:
Contrary to petitioner’s suggestion, there is no requirement in section 1405
that the trial court make on-the-record findings to support its ruling. To the extent
petitioner claims that the DNA testing should have been ordered because the
results might be useful to him on habeas corpus or for purposes of executive
clemency, we reject the claim. Section 1405 does not require the trial court to
order DNA testing because it might be helpful in these contexts but only where the
conditions of subdivision (f) are fulfilled.
This modification does not affect the judgment.

Original proceeding. In this case, which is related to the automatic appeal in People v. Richardson, S029588, the Court issued an alternative writ limited to the following claim: Should petitioner's motion for DNA testing pursuant to Penal Code section 1405 be granted?

Opinion Information
Date:Citation:Docket Number:Category:Status:Cross Referenced Cases:
Wed, 07/16/200844 Cal.4th 385b original opinion43 Cal.4th 1040 original opinionS127275MWrit (AA - original non-Habeas)complete


1Richardson, Charles Keith (Petitioner)
San Quentin State Prison
Represented by Richard Jay Moller
Attorney at Law
P.O. Box 1669
Redway, CA

2Superior Court Of Tulare County (Respondent)
attn: Criminal Appeals
221 S. Mooney Blvd., Rm. 303
Visalia, CA 93291

3The People (Real Party in Interest)
Represented by Attorney General - Fresno Office
Kathleen A. McKenna, Deputy Attorney General
2550 Mariposa Mall, Room 5090
Fresno, CA

Mar 16 2005Case Consolidated (see lead case)

Aug 23 2004Petition for writ of mandate/prohibition filed (AA)
  by attorney Richard Jay Moller. ( 63 pp. - excluding attached appendix)
Aug 23 2004Letter sent to:
  respondent requesting informal response; due 9/22/2004. Petitioner will then have 15 days in which to serve and file a reply to the informal response.
Aug 25 2004Filed:
  Amended proof of service of petition for writ of mandate/prohibition.
Sep 20 2004Informal response filed (AA)
  by Real Party in Interest to petition for writ of mandate/prohibition. (23 pp.)
Oct 7 2004Reply to informal response filed (AA)
  by attorney Richard Jay Moller. (perm. - 16 pp.)
Mar 16 2005Order to show cause issued
  Respondent is directed to vacate its order denying petitioner's motion for DNA testing pursuant to Penal Code section 1405 and to issue a new order granting the motion or, in the alternative, to show cause in this court, when the matter is placed on calendar, why the relief sought in the petition should not be granted. The return is to be filed on or before April 15, 2005. This cause is consolidated with the appeal in People v. Charles Keith Richardson, S029588, for consideration and decision. Brown, J., was absent and did not participate. (votes: George, C.J., Kennard, Baxter, Werdegar, Chin and Moreno, JJ.)
Mar 16 2005Case consolidated - all subsequent events to be docketed in:
  Automatic Appeal: PEOPLE V. CHARLES KEITH RICHARDSON - S029588
Nov 14 2007Previously consolidated cases ordered severed
  Review in Richardson v. Superior Court (People), S127275, is severed from review in People v. Charles Keith Richardson, S029588. The Clerk of the Court is directed to reopen case number S127275 for determination of the cause by this court.
Dec 27 2007Oral argument letter sent
  advising counsel that the court could schedule this case for argument as early as the February 2008 calendar, to be held the week of February 4, 2008, in Sacramento.
Feb 6 2008Case ordered on calendar
  to be argued Thursday, March 6, 2008, at 1:30 p.m., in San Francisco
Feb 27 2008Received:
  appearance sheet from R. Jay Moller, indicating 30 minutes for oral argument for petitioner.
Mar 6 2008Cause argued and submitted
May 21 2008Notice of forthcoming opinion posted
May 22 2008Opinion filed: OSC discharged; mandate denied
  The order to show cause is discharged and the petition is denied. opinion by Moreno, J. -----joined by Kennard, Baxter, Werdegar and Corrigan, JJ. Dissent by Chin, J. -----joined by George, C.J.
Jun 13 2008Rehearing petition filed
  by appellant (1,726 words) (note: envelope indicates petition was mailed via priority mail June 6, 2008 and remailed on June 11, 2008. Petition was received at the court this date.)
Jun 24 2008Letter sent to:
  counsel re finality.
Jun 25 2008Letter sent to:
  counsel advising that June 24, 2008 letter was sent in error. Petition for rehearing, not previously docketed, is pending. The docket has been corrected this date to reflect that filing.
Jun 25 2008Time extended to consider modification or rehearing
  The time for granting or denying rehearing in the above-entitled case is hereby extended to and including August 20, 2008, or the date upon which rehearing is either granted or denied, whichever occurs first. This order is entered nunc pro tunc as of June 20, 2008, due to clerical error.
Jul 16 2008Rehearing denied
  The opinion is modified on the court's own motion. The petition for rehearing is denied. Chin, J., is of the opinion the petition should be granted.
Jul 16 2008Opinion modified - no change in judgment
Jul 16 2008Letter sent to counsel: opinion now final