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153 SUPREME COURT MINUTES WEDNESDAY, JANUARY 27, 2016 SAN FRANCISCO, CALIFORNIA S230793 E062760 Fourth Appellate District, Div. 2 PEOPLE v. PAGE (TIMOTHY WAYNE) Petition for review granted Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ. S230899 D066793 Fourth Appellate District, Div. 1 JAMESON (BARRY S.) v. DESTA (TADDESE) Petition for review granted Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ. S222620 C074662 Third Appellate District PEOPLE v. RINEHART (BRANDON LANCE) Supplemental briefing ordered On or before February 17, 2016, the parties are directed to serve and file simultaneous supplemental letter briefs directed to the following question: What effect, if any, does Senate Bill No. 637 (2015-2016 Reg. Sess.) (Stats. 2015, ch. 680) have on the issues in this case? Within 14 days of the filing of these briefs, the parties may serve and file optional reply letter briefs. S230753 H038422 Sixth Appellate District PEOPLE v. EDWARDS (MICHAEL) Petition for review granted; briefing deferred The petitions for review are granted. Further action in this matter is deferred pending our decision in People v. Sanchez, S216681 (see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further order of the court. Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
Transcript

153

SUPREME COURT MINUTES

WEDNESDAY, JANUARY 27, 2016

SAN FRANCISCO, CALIFORNIA

S230793 E062760 Fourth Appellate District, Div. 2 PEOPLE v. PAGE (TIMOTHY

WAYNE)

Petition for review granted

Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.

S230899 D066793 Fourth Appellate District, Div. 1 JAMESON (BARRY S.) v.

DESTA (TADDESE)

Petition for review granted

Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.

S222620 C074662 Third Appellate District PEOPLE v. RINEHART

(BRANDON LANCE)

Supplemental briefing ordered

On or before February 17, 2016, the parties are directed to serve and file simultaneous

supplemental letter briefs directed to the following question: What effect, if any, does Senate Bill

No. 637 (2015-2016 Reg. Sess.) (Stats. 2015, ch. 680) have on the issues in this case?

Within 14 days of the filing of these briefs, the parties may serve and file optional reply letter

briefs.

S230753 H038422 Sixth Appellate District PEOPLE v. EDWARDS

(MICHAEL)

Petition for review granted; briefing deferred

The petitions for review are granted. Further action in this matter is deferred pending our decision

in People v. Sanchez, S216681 (see Cal. Rules of Court, rule 8.512(d)(2)), or pending further

order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule

8.520, is deferred pending further order of the court.

Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.

SAN FRANCISCO JANUARY 27, 2016 154

S230837 A135721 First Appellate District, Div. 1 PEOPLE v. BLACKNELL

(JOSEPH)

Petition for review granted; briefing deferred

The petition for review is granted. Further action in this matter is deferred pending consideration

and disposition of a related issue in People v. Sanchez, S216681 (see Cal. Rules of Court, rule

8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to

California Rules of Court, rule 8.520, is deferred pending further order of the court.

Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.

S231031 E062947 Fourth Appellate District, Div. 2 PEOPLE v. GARNESS

(SCOTT THORNTON)

Petition for review granted; briefing deferred

The petition for review is granted. Further action in this matter is deferred pending consideration

and disposition of a related issue in People v. Romanowski, S231405 (see Cal. Rules of Court,

rule 8.512(d)(2)), or pending further order of the court. Submission of additional briefing,

pursuant to California Rules of Court, rule 8.520, is deferred pending further order of the court.

Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.

S231144 B261136 Second Appellate District, Div. 7 IN RE TYLER R.

Petition for review granted; briefing deferred

The petition for review is granted. Further action in this matter is deferred pending consideration

and disposition of a related issue in In re R.T., S226416 (see Cal. Rules of Court, rule 8.512

(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to

California Rules of Court, rule 8.520, is deferred pending further order of the court.

Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.

S231419 H040085 Sixth Appellate District PEOPLE v. FRANKLIN

(MELVIN DONNELL)

Petition for review granted; briefing deferred

The petition for review is granted. Further action in this matter is deferred pending consideration

and disposition of a related issue in People v. Chaney, S223676, and People v. Valencia, S223825

(see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order of the court. Submission of

additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further

order of the court.

Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.

SAN FRANCISCO JANUARY 27, 2016 155

S230490 E064673 Fourth Appellate District, Div. 2 EASLEY (YUSUF) ON H.C.

Petition for review granted; transferred to Court of Appeal, Fourth Appellate District, Division

Two, with directions to issue an order to show cause

The petition for review is granted. The matter is transferred to the Court of Appeal, Fourth

Appellate District, Division Two. That court is ordered to vacate its summary denial, dated

October 28, 2015, and to issue an order to show cause returnable before the San Bernardino

County Superior Court. The Director of the Department of Corrections and Rehabilitation is to be

ordered to show cause, when the matter is placed on calendar, why trial counsel, who represented

petitioner at the guilty plea and sentencing hearing, did not have a conflict of interest that

rendered the plea involuntary and why petitioner should not be allowed to withdraw his guilty

plea. The return is to be filed on or before February 26, 2016.

Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.

S230323 B255397 Second Appellate District, Div. 2 PEOPLE v. MOSLEY

(LAVELLE)

Petitions for review denied

S230401 F070149 Fifth Appellate District P & M VANDERPOEL DAIRY

v. AGRICULTURAL LABOR

RELATIONS BOARD

(UNITED FARM WORKERS

OF AMERICA)

Petition for review & publication request(s) denied

S230429 H038220 Sixth Appellate District PEOPLE v. ORTEGA

(ANDREW)

Petition for review denied

Chin, J., is of the opinion the petition should be granted.

S230458 F064909 Fifth Appellate District PEOPLE v. BELL (JUJUAN

ROBERT)

Petitions for review denied

S230546 B256914 Second Appellate District, Div. 8 PEOPLE v. CONLEY (JAMES)

Petition for review denied

SAN FRANCISCO JANUARY 27, 2016 156

S230580 B254870 Second Appellate District, Div. 8 SAN PASQUAL BAND OF

MISSION INDIANS v. STATE

OF CALIFORNIA

Appellant’s request for judicial notice filed November 24, 2015, is granted. The petition for

review is denied.

S230608 B256151 Second Appellate District, Div. 2 PEOPLE v. GUTIERREZ

(ARISTIDES ARGUETA)

Petition for review denied

S230642 D069159 Fourth Appellate District, Div. 1 WISE (DAVID) v. S.C. (WISE)

Petition for review denied

S230669 G050676 Fourth Appellate District, Div. 3 K. (T.), ADOPTION OF

Petition for review & depublication request(s) denied

S230686 B257764 Second Appellate District, Div. 4 LEVI FAMILY

PARTNERSHIP, L.P. v. CITY

OF LOS ANGELES

Petition for review denied

S230691 B255851 Second Appellate District, Div. 4 HENDERSON (JANENE) v.

BANK OF NEW YORK

MELLON

Petition for review denied

S230709 C073435 Third Appellate District McADAMS (TIM) v. MONIER,

INC.

Petition for review denied

S230711 D068485 Fourth Appellate District, Div. 1 PEOPLE v. SOTO (JUAN

CARLOS)

Petition for review denied

SAN FRANCISCO JANUARY 27, 2016 157

S230731 B255615 Second Appellate District, Div. 8 FOSTER (JENNITA) v. OLD

REPUBLIC DEFAULT

MANAGEMENT SERVICES

Petition for review & publication request(s) denied

S230744 B255773 Second Appellate District, Div. 8 PEOPLE v. FULLER

(ALONZO D.)

Petitions for review denied

S230788 H041613 Sixth Appellate District PEOPLE v. DAVIS (AARON

JONATHAN)

Petition for review denied

S230811 H040846 Sixth Appellate District AIASSA (ANNETTE) v.

VOLPE (CHARLES W.)

Petition for review denied

S230823 B255199 Second Appellate District, Div. 1 VALENCIA (AMANDA) v.

SCIS AIR SECURITY

CORPORATION

Petition for review denied

S230831 D066887 Fourth Appellate District, Div. 1 WILLIAMS (STEVEN G.) ON

H.C.

Petition for review denied

S230836 D066227 Fourth Appellate District, Div. 1 PEOPLE v. BUCKLEY

(THOMAS CONATY)

Petition for review denied

S230914 B257142 Second Appellate District, Div. 4 ODELL (MICHAEL) v. BANK

OF AMERICA, N.A.

Petition for review denied

Chin, J., was recused and did not participate.

SAN FRANCISCO JANUARY 27, 2016 158

S230950 A144319 First Appellate District, Div. 2 NANDA (ASHWIN) v.

WESTERN DENTAL

SERVICES, INC.

Petition for review denied

S230963 B257243 Second Appellate District, Div. 2 PEOPLE v. GOLDEN

(VICTOR MARCELLOUS)

Petition for review denied

S230966 B252679 Second Appellate District, Div. 6 PEOPLE v. ALAMOS

(VICTOR ANTONIO)

Petition for review denied

S230979 A138815 First Appellate District, Div. 5 PEOPLE v. SMITH

(MICHAEL CURTIS)

Petition for review denied

S231004 C076627 Third Appellate District PEOPLE v. TANNER

(FREDERICK)

Petition for review denied

S231005 E060198 Fourth Appellate District, Div. 2 PEOPLE v. DIEDERICH, JR.,

(PAUL WALTER)

Petition for review denied

S231037 B259137 Second Appellate District, Div. 6 PEOPLE v. WHITE

(HILARRY TRAVON)

Petition for review denied

S231056 C072061 Third Appellate District PEOPLE v. CRISTOBAL

(JOHN JOSHUA)

Petition for review denied

S231083 F069282 Fifth Appellate District PEOPLE v. BROWNLEE

(TERRENCE)

Petition for review denied

SAN FRANCISCO JANUARY 27, 2016 159

S231101 D067070 Fourth Appellate District, Div. 1 PEOPLE v. ANDERS

(KENNETH)

Petition for review denied

S231121 A141391 First Appellate District, Div. 2 GUESS (PAUL) v. CONTRA

COSTA COMMUNITY

COLLEGE DISTRICT

Petition for review & publication request(s) denied

S231131 E062263 Fourth Appellate District, Div. 2 PEOPLE v. BOWEN

(MICHAEL EDWARD)

Petition for review denied

S231136 F069520 Fifth Appellate District PEOPLE v. FRANKLIN

(BRADLEY)

Petition for review denied

S231155 B265327 Second Appellate District, Div. 3 PEOPLE v. GONZALEZ III

(MANUEL ANTONIO)

Petition for review denied

S231156 C079287 Third Appellate District PEOPLE v. McFARLAND

(DOUGLAS SCOTT)

Petition for review denied

S231169 A146836 First Appellate District, Div. 4 WALKER (JEFFREY) ON

H.C.

Petition for review denied

S231226 B262300 Second Appellate District, Div. 8 PEOPLE v. GONZALEZ

(DANNY FRANK)

Petition for review denied

S231236 A146757 First Appellate District, Div. 4 WALKER (JEFFREY) ON

H.C.

Petition for review denied

SAN FRANCISCO JANUARY 27, 2016 160

S231251 B254046/B234253/B255133/B255276

Second Appellate District, Div. 1 REYES (FELICE P. & DAVID

K.), MARRIAGE OF

Petition for review denied

The request of judicial notice is denied.

S231258 F067425 Fifth Appellate District PEOPLE v. CERVANTES

(FERNANDO ARROYO)

Petition for review denied

S231286 A146451 First Appellate District, Div. 2 BOARD OF TRUSTEES OF

THE CALIFORNIA STATE

UNIVERSITY v. S.C. (CHILI)

Petition for review denied

S231307 H042785 Sixth Appellate District HENARD (JOSEPH) v.

ARGENT MORTGAGE

COMPANY

Petition for review denied

S231311 E064567 Fourth Appellate District, Div. 2 AGUINA (AGUINA) & KANG

(CHOONG-DAE), MARRIAGE

OF

Petition for review denied

S231318 D066849 Fourth Appellate District, Div. 1 PEOPLE v. CONTRERAS

(HECTOR)

Petition for review denied

S231322 B256044 Second Appellate District, Div. 6 PEOPLE v. AUSTIN (JEREMY

KINGSLY)

Petition for review denied

S231332 B268657 Second Appellate District, Div. 7 NEIGHBORS (SLADE) v. S.C.

(JANE DOE)

Petition for review denied

SAN FRANCISCO JANUARY 27, 2016 161

S231333 B268200 Second Appellate District, Div. 5 OBANDO (RENATO) ON H.C.

Petition for review denied

S231341 H043016 Sixth Appellate District IDEAFARM (WO OF) v. S.C.

(PEOPLE)

Petition for review denied

S231342 B257600 Second Appellate District, Div. 7 PEOPLE v. LINARES

(MARVIN)

Petition for review denied

S231345 G052611 Fourth Appellate District, Div. 3 O’CONNOR (GLENN) ON

H.C.

Petition for review denied

S231346 B265428 Second Appellate District, Div. 5 PEOPLE v. CONTRERAS

(EDGAR)

Petition for review denied

S231347 B259195 Second Appellate District, Div. 5 PEOPLE v. RILEY (DAVID

LOUIS)

Petition for review denied

S231348 B258498 Second Appellate District, Div. 4 PEOPLE v. McCULLAH

(DAVID LYNN)

Petition for review denied

S231349 E061566 Fourth Appellate District, Div. 2 PEOPLE v. MENDOZA

(RAUL)

Petition for review denied

S231351 A144472 First Appellate District, Div. 3 HARRELL (HULEN T.) v.

ALAMEDA COUNTY

SHERIFF’S DEPARTMENT

Petition for review denied

SAN FRANCISCO JANUARY 27, 2016 162

S231353 B257226 Second Appellate District, Div. 8 PEOPLE v. JAMES

(CHARLES D.)

Petition for review denied

S231354 HAROONIAN ON

ADMISSION

Petition for review denied – SOHRAB HAROONIAN

S231358 B268626 Second Appellate District, Div. 7 BOGAN (LADRILL) ON H.C.

Petition for review denied

S231359 B256477 Second Appellate District, Div. 1 PEOPLE v. KIRKPATRICK

(AARON)

Petitions for review denied

S231370 HARRIS (WILLIE ARTHUR)

v. SUPREME COURT OF

CALIFORNIA (PEOPLE)

Petition for writ of mandate/prohibition denied

S231383 CORTEZ (GRACIELA A.) v.

COURT OF APPEAL,

FOURTH APPELLATE

DISTRICT, DIVISION THREE

Petition for writ of mandate/prohibition denied

S231385 LEDUC (LANANH) v. S.C.

(WEST ANAHEIM MEDICAL

CENTER)

The petition for writ of mandate is denied.

S231398 B268462 Second Appellate District, Div. 6 ROMERO (CUAHUTEMOC)

ON H.C.

Petition for review denied

SAN FRANCISCO JANUARY 27, 2016 163

S231399 B260681 Second Appellate District, Div. 4 IN RE JOVANNI B.

Petition for review denied

S231401 B263446 Second Appellate District, Div. 8 COWART (LEBLANCHE M.),

ESTATE OF

Petition for review denied

S231411 B261593 Second Appellate District, Div. 4 PEOPLE v. FLEMINGS

(KEVIN)

Petition for review denied

S231417 C072081 Third Appellate District PEOPLE v. BATTON

(MARIO)

Petition for review denied

S231418 D067589 Fourth Appellate District, Div. 1 PEOPLE v. JONES (GUY)

Petition for review denied

S231421 F067224 Fifth Appellate District PEOPLE v. BONILLA (JOSE

SAUL)

Petition for review denied

S231422 F068889 Fifth Appellate District PEOPLE v. McNEILL

(JOSHUA JAMES)

Petition for review denied

S231425 E061546 Fourth Appellate District, Div. 2 PEOPLE v. WALKER

(ERWIN MAURICE)

Petition for review denied

S231427 D066812 Fourth Appellate District, Div. 1 STEWART (LINDSEY E.) v.

HOME DEPOT U.S.A., INC.

Petition for review denied

Chin, J., was recused and did not participate.

SAN FRANCISCO JANUARY 27, 2016 164

S231430 E062423 Fourth Appellate District, Div. 2 PEOPLE v. AGUAYO (DELIA)

Petition for review denied

S231431 E061372 Fourth Appellate District, Div. 2 PEOPLE v. HERRERA

(GUILLERMO ANTONIO)

Petition for review denied

S231440 B261899 Second Appellate District, Div. 4 PEOPLE v. EVANS

(VERNON)

Petition for review denied

S231446 H038679 Sixth Appellate District CALANDE (EUGENIA) v.

SURF & SAND, LLC

Petition for review denied

S231451 F072775 Fifth Appellate District BILLINGS (CARSON) v. S.C.

(PEOPLE)

Petition for review denied

S231453 D067378 Fourth Appellate District, Div. 1 PEOPLE v. IBARRA

(GERMAN)

Petition for review denied

S231458 C080776 Third Appellate District LAW (HALSTON) ON H.C.

Petition for review denied

S231463 C079047 Third Appellate District PEOPLE v. HOLCOMB

(RONALD LOY)

Petition for review denied

S231466 D068687 Fourth Appellate District, Div. 1 PEOPLE v. LARA (JUAN

CARLOS ORTEGA)

Petition for review denied

SAN FRANCISCO JANUARY 27, 2016 165

S231513 F069665 Fifth Appellate District FLOOD (BARBARA) v.

HARDT (THOMAS M.)

Petition for review denied

S231630 G052945 Fourth Appellate District, Div. 3 E. (KIRK) v. S.C. (ORANGE

COUNTY SOCIAL SERVICES

AGENCY)

Petition for review & application for stay denied

S227746 TRUSCHKE, JR., (JAMES

EDWARD) ON H.C.

Petition for writ of habeas corpus denied

S229315 BAKER (KEVIN) ON H.C.

Petition for writ of habeas corpus denied

S229477 HIMMELBERGER (KRISTIN

R.) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Dexter (1979) 25 Cal.3d 921,

925-926.)

S229478 TORRES (JOSE) ON H.C.

Petition for writ of habeas corpus denied

S229708 GIL (ISAAC ANTHONY) ON

H.C.

Petition for writ of habeas corpus denied

S229775 SANCHEZ (JOSEPH E.) ON

H.C.

Petition for writ of habeas corpus denied

S229793 HOOKER, SR., (MAURICE

W.) ON H.C.

Petition for writ of habeas corpus denied

SAN FRANCISCO JANUARY 27, 2016 166

S229888 GEORGE (CHRIS ANTHONY)

ON H.C.

Petition for writ of habeas corpus denied

S229963 ROBBINS (LEE) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Dexter (1979) 25 Cal.3d 921,

925-926.)

S229970 CLAY (ROY D.) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Clark (1993) 5 Cal.4th 750, 797-798.)

S229971 BAPTISTE (KENNETH E.) ON

H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;

In re Clark (1993) 5 Cal.4th 750, 797-798; In re Miller (1941) 17 Cal.2d 734, 735.)

S229993 WRIGHT (CHRISTOPHER

LANE) ON H.C.

The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464,

474.)

S229997 MICHEL (RAMON) ON H.C.

Petition for writ of habeas corpus denied

S230002 BATTLE (NOAH HENRY

OMECHANTE) ON H.C.

Petition for writ of habeas corpus denied

S230006 SUAREZ (MIGUEL) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Waltreus (1965) 62 Cal.2d 218, 225;

In re Lindley (1947) 29 Cal.2d 709, 723.)

S230009 TORRES (ARTHUR) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;

In re Clark (1993) 5 Cal.4th 750, 797-798.)

SAN FRANCISCO JANUARY 27, 2016 167

S230012 CHISM III (WILLIAM H.) ON

H.C.

Petition for writ of habeas corpus denied

S230028 NEVELS (ROMAINE

LAPAUL) ON H.C.

The petition for writ of habeas corpus is denied on the merits with respect to petitioner’s claim

that trial counsel was ineffective. (See Harrington v. Richter (2011) 562 U.S. 86, citing Ylst v.

Nunnemaker (1991) 501 U.S. 797, 803.)

S230030 KON (KENNETH) ON H.C.

Petition for writ of habeas corpus denied

S230032 TRUJILLO (MICHAEL

KEITH) ON H.C.

The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474;

In re Swain (1949) 34 Cal.2d 300, 304; In re Dixon (1953) 41 Cal.2d 756, 759; In re Lindley

(1947) 29 Cal.2d 709, 723.)

S230043 PERALES (CARLOS MOSES)

ON H.C.

Petition for writ of habeas corpus denied

S230048 MORRIS (ANDRE

MARCHELLE) ON H.C.

Petition for writ of habeas corpus denied

S230056 DELGADO (ADAM) ON H.C.

Petition for writ of habeas corpus denied

S230058 GORDON (JARVIS M.) ON

H.C.

Petition for writ of habeas corpus denied

SAN FRANCISCO JANUARY 27, 2016 168

S230060 LOZANO (ARTURO

GONZALEZ) ON H.C.

Petition for writ of habeas corpus denied

S230062 YOUNG (HOWARD ALLEN)

ON H.C.

Petition for writ of habeas corpus denied

S230139 MORRIS (RAYMOND

CHARLES) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780.)

S230141 THOMPSON (JASON JAVON)

ON H.C.

Petition for writ of habeas corpus denied

S230142 GOMEZ (VALENTINO) ON

H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780.)

S230149 WILSON (PETER) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;

In re Clark (1993) 5 Cal.4th 750, 767-769; In re Miller (1941) 17 Cal.2d 734, 735.)

S230150 FLYNN (PATRICK HENRY)

ON H.C.

Petition for writ of habeas corpus denied

S230151 COYNE (ANTHONY DALE)

ON H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;

People v. Duvall (1995) 9 Cal.4th 464, 474; In re Swain (1949) 34 Cal.2d 300, 304.)

S230159 MASSON, JR., (THOMAS L.)

ON H.C.

Petition for writ of habeas corpus denied

SAN FRANCISCO JANUARY 27, 2016 169

S230182 MISKAM (TRAVIS GEORGE)

ON H.C.

Petition for writ of habeas corpus denied

S230195 FOSSINGER (DANNY) ON

H.C.

Petition for writ of habeas corpus denied

S230207 LOPEZ (RUBEN) ON H.C.

Petition for writ of habeas corpus denied

S230208 QUEZADA (MIGUEL) ON

H.C.

Petition for writ of habeas corpus denied

S230210 EALES (ROBERT A.) ON H.C.

The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474;

In re Swain (1949) 34 Cal.2d 300, 304.)

S230243 HARTMAN (MICHAEL

ANTHONY) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;

In re Clark (1993) 5 Cal.4th 750, 767-769; In re Miller (1941) 17 Cal.2d 734, 735.)

S230244 RUSH (LARRY) ON H.C.

Petition for writ of habeas corpus denied

S230246 HUCKABEE (ANTHONY

CRAIG) ON H.C.

Petition for writ of habeas corpus denied

S230247 ROMO (ANDRES) ON H.C.

The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474;

In re Waltreus (1965) 62 Cal.2d 218, 225; In re Swain (1949) 34 Cal.2d 300, 304.)

SAN FRANCISCO JANUARY 27, 2016 170

S230248 OLIVE (DAMIEN DWAYNE)

ON H.C.

The petition for writ of habeas corpus is denied. (See In re Lessard (1965) 62 Cal.2d 497, 503; In

re Dixon (1953) 41 Cal.2d 756, 759; In re Lindley (1947) 29 Cal.2d 709, 723.)

S230258 SWEET (MICHAEL A.) ON

H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;

In re Clark (1993) 5 Cal.4th 750, 767-769.)

S230260 HARRINGTON (STEVE) ON

H.C.

The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474;

In re Swain (1949) 34 Cal.2d 300, 304.)

S230280 TAYLOR (FARMONTAE

DAYONN) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;

In re Clark (1993) 5 Cal.4th 750, 767-769.)

S230282 GODOY (MAURICIO) ON

H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;

In re Clark (1993) 5 Cal.4th 750, 767-769; In re Dixon (1953) 41 Cal.2d 756, 759.)

S230318 PRICE (IMMANUEL C.) ON

H.C.

Petition for writ of habeas corpus denied

S230319 TOALEPAI (FALAO) ON H.C.

Petition for writ of habeas corpus denied

S230322 ROBINS (MAURICE DAVON)

ON H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;

In re Clark (1993) 5 Cal.4th 750, 767-769.)

SAN FRANCISCO JANUARY 27, 2016 171

S230441 BOUCHE (EDDIE ESTRADA)

ON H.C.

The petition for writ of habeas corpus is denied. (See In re Dexter (1979) 25 Cal.3d 921,

925-926.)

S230552 REED (CHRISTOPHER) ON

H.C.

The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474;

In re Swain (1949) 34 Cal.2d 300, 304.)

S230725 GLASS (RAYMOND

GEORGE) ON H.C.

The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474;

In re Dexter (1979) 25 Cal.3d 921, 925-926.)

S230732 TAYLOR (FARMONTAE

DAYONN) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;

In re Clark (1993) 5 Cal.4th 750, 767-769; People v. Duvall (1995) 9 Cal.4th 464, 474; In re

Swain (1949) 34 Cal.2d 300, 304.)

S231197 TOALEPAI (FALAO) ON H.C.

Petition for writ of habeas corpus denied

S230231 A141927 First Appellate District, Div. 5 G. (A.) v. SAN FRANCISCO

UNIFIED SCHOOL DISTRICT

Publication request denied (case closed)

S230256 B257371 Second Appellate District, Div. 8 VARGAS (ROY TORIVIO) v.

COUNTY OF LOS ANGELES

Publication request denied (case closed)

S230924 C077907 Third Appellate District IN RE A.R.

Publication request denied (case closed)

SAN FRANCISCO JANUARY 27, 2016 172

S121365 SNOW (PRENTICE JUAN) ON

H.C.

Extension of time granted

Good cause appearing, and based upon Deputy Attorney General Roberta L. Davis’s

representation that the return to order to show cause is anticipated to be filed by May 23, 2016,

counsel’s request for an extension of time in which to file that document is granted to March 29,

2016. After that date, only one further extension totaling about 54 additional days is

contemplated.

S165998 PEOPLE v. PLATA (NOEL

JESSE) & TRAN (RONALD

TRI)

Extension of time granted

Good cause appearing, and based upon Senior Deputy State Public Defender Karen Hamilton’s

representation that appellant Noel Jesse Plata’s opening brief is anticipated to be filed by July 30,

2016, counsel’s request for an extension of time in which to file that brief is granted to March 28,

2016. After that date, only two further extensions totaling about 125 additional days will be

granted.

An application to file an overlength brief must be served and filed no later than 60 days before the

anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)

S165998 PEOPLE v. PLATA (NOEL

JESSE) & TRAN (RONALD

TRI)

Extension of time granted

Good cause appearing, and based upon counsel Catherine White’s representation that appellant

Ronald Tri Tran’s opening brief is anticipated to be filed by June 1, 2016, counsel’s request for an

extension of time in which to file that brief is granted to March 28, 2016. After that date, only

one further extension totaling about 64 additional days is contemplated.

An application to file an overlength brief must be served and filed no later than 60 days before the

anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)

S172432 PEOPLE v. CHEATHAM

(STEVEN DEWAYNE)

Extension of time granted

Good cause appearing, and based upon counsel Conrad Petermann’s representation that the

appellant’s opening brief is anticipated to be filed by April 1, 2016, counsel’s request for an

extension of time in which to file that brief is granted to April 1, 2016. After that date, no further

extension is contemplated.

An application to file an overlength brief must be served and filed no later than 60 days before the

anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)

SAN FRANCISCO JANUARY 27, 2016 173

S185221 PEOPLE v. LEWIS (TRAVIS

JEREMY)

Extension of time granted

Good cause appearing, and based upon counsel Tara K. Hoveland’s representation that the

appellant’s opening brief is anticipated to be filed by June 23, 2016, counsel’s request for an

extension of time in which to file that brief is granted to April 4, 2016. After that date, only two

further extensions totaling about 81 additional days are contemplated.

An application to file an overlength brief must be served and filed no later than 60 days before the

anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)

S200982 PEOPLE v. RONQUILLO

(GABRIEL ALEXANDER)

Extension of time granted

Good cause appearing, and based upon counsel Conrad Petermann’s representation that the

appellant’s opening brief is anticipated to be filed by October 15, 2016, counsel’s request for an

extension of time in which to file that brief is granted to March 28, 2016. After that date, only

four further extensions totaling about 200 additional days are contemplated.

An application to file an overlength brief must be served and filed no later than 60 days before the

anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)

S221802 DUFF (DEWEY JOE) ON H.C.

Extension of time granted

The application of petitioner for relief from default for the failure to timely file petitioner’s

request for extension of time is granted.

Good cause appearing, and based upon counsel Marylou Hillberg’s representation that the reply to

the informal response to the petition for writ of habeas corpus is anticipated to be filed by

October 1, 2016, counsel’s request for an extension of time in which to file that document is

granted to March 15, 2016. After that date, only four further extensions totaling about 202

additional days will be granted.

S059531 PEOPLE v. REDD (STEPHEN

MORELAND)

Marsden motion denied

The “Motion to Replace Ineffective Counsel (Marsden Motion),” submitted to the court by

appellant in propria persona and filed on November 30, 2015, pursuant to People v. Marsden

(1970) 2 Cal.3d 118, is denied.

SAN FRANCISCO JANUARY 27, 2016 174

S097414 PEOPLE v. KOPATZ (KIM

RAYMOND)

Marsden motion denied

The documents submitted to the court by appellant in propria persona and filed on December 2,

2015, are construed as a motion for substitution of counsel pursuant to People v. Marsden (1970)

2 Cal.3d 118. So construed, the motion is denied.

S178239 PEOPLE v. HARRIS (KAI)

Motion for access to sealed record granted

Respondent’s “Motion for Access to Sealed Penal Code Section 987.9 Materials for Use in the

Pending State Habeas Proceeding,” filed on December 21, 2015, is granted. The Clerk is directed

to provide respondent access to the materials filed under seal in the record on appeal in People v.

Harris, No. S178239, pursuant to Penal Code section 987.9: Clerk’s Transcript, “987.9

Documents,” Volume 1, pages 1-272. The Attorney General must supply the personnel and

equipment necessary to undertake the examination and copying of these documents, which must

occur on the premises of the court. Except as provided herein, these documents remain under seal

and their use must be limited solely to the pending proceeding. (Pen. Code § 987.9, subd. (d).)

S045184 PEOPLE v. BONILLA

(STEVEN WAYNE)

Order filed

Because appellant is represented by counsel, the Clerk is directed to return to appellant the pro se

submissions received on December 16, 2015, December 17, 2015, December 21, 2015,

December 22, 2015, December 24, 2015, January 6, 2016, January 11, 2016, January 12, 2016,

and January 13, 2016. (In re Barnett (2003) 31 Cal.4th 466.)

S072949 PEOPLE v. BRASURE

(SPENCER RAWLINS)

Motion denied

Condemned prisoner Spencer Rawlins Brasure’s pro se submission titled “Motion for Hearing as

to Due Process Violations,” received on October 17, 2014, is construed as a motion for the

immediate appointment of counsel for habeas corpus and executive clemency proceedings. The

Clerk is directed to file the motion as of the date it was received. So construed, the motion is

denied because counsel will be appointed in due course.

SAN FRANCISCO JANUARY 27, 2016 175

S218712 B243773 Second Appellate District, Div. 8 PEOPLE v. SAFETY

NATIONAL CASUALTY

INSURANCE CO.

Order filed

The above entitled matter is retitled as follows:

THE PEOPLE, Plaintiff and Respondent,

v.

SAFETY NATIONAL CASUALTY CORPORATION, Defendant and Appellant.

S222726 B256604 Second Appellate District, Div. 7 JOHN (ALEYAMMA) v. S.C.

(CHAN)

Order filed

The request of real party in interest to allocate to amicus curiae County of Tulare 10 minutes of

real party in interest’s 30-minute allotted time for oral argument is granted.

S226036 B251810 Second Appellate District, Div. 6 SAN BUENAVENTURA, CITY

OF v. UNITED WATER

CONSERVATION DISTRICT

Order filed

On application of appellant City of San Buenaventura and good cause appearing, the request to

file the response to amicus briefs in excess of 14,000 words is hereby granted.

S230767 PEOPLE v. STANLEY

(GERALD FRANK)

Order filed

Because appellant is represented by counsel, Attorney Jack Leavitt, the Clerk is directed to return

to appellant the pro se submissions received on May 15, 2015, June 3, 2015, July 10, 2015,

September 28, 2015, October 13, 2015, October 19, 2015, December 4, 2015, and December 7,

2015. (In re Barnett (2003) 31 Cal.4th 466.)

S231488 ACCUSATION OF SIMONS

Motion to file document under seal denied

The “Application To Seal Exhibits,” filed on December 24, 2015, is denied. (Cal. Rules of Court,

rule 8.46(d)(6).) The Clerk is directed to return the “Supreme Court Lodged Exhibits,” lodged

December 28, 2015, unless applicant notifies the Clerk in writing within 10 days after the date of

this order that the lodged exhibits are to be filed as part of the public record. (Cal. Rules of Court,

rule 8.46(d)(7).)

SAN FRANCISCO JANUARY 27, 2016 176

S231113 ACCUSATION OF MORMAN

Petition denied (accusation)

S231228 ACCUSATION OF MAHARAJ

Petition denied (accusation)

S231397 ACCUSATION OF GRIFFIN

Petition denied (accusation)


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