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Supreme Court Minutes: Wednesday, April 22, 2020

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528 SUPREME COURT MINUTES WEDNESDAY, APRIL 22, 2020 SAN FRANCISCO, CALIFORNIA S067392 PEOPLE v. FREDERICKSON (DANIEL CARL) Rehearing denied S260736 B280526 Second Appellate District, Div. 2 SEROVA (VERA) v. SONY MUSIC ENTERTAINMENT Petition for review granted Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, Kruger, and Groban, JJ. S254554 D073304 Fourth Appellate District, Div. 1 PEOPLE v. AGUAYO (VERONICA) Supplemental briefing ordered The court directs the parties in this matter to file supplemental briefing addressing the following questions: Are Penal Code section 245, subdivision (a)(1) and section 245, subdivision (a)(4) merely different statements of the same offense for purposes of section 954? If so, must one of defendant's convictions be vacated?The parties are to serve and file simultaneous supplemental briefs on or before May 22, 2020. Each party may serve and file a reply brief within 20 days of the filing of the opposing partys supplemental brief. S260462 G056608 Fourth Appellate District, Div. 3 PEOPLE v. HANDLEY (KYLE SHIRAKAWA) Petition for review granted; briefing deferred The petition for review is granted. Further action in this matter is deferred pending consideration and disposition of related issues in People v. Anderson, S253227 (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., Chin, Corrigan, Liu, Cuéllar, Kruger, and Groban, JJ.
Transcript
Page 1: Supreme Court Minutes: Wednesday, April 22, 2020

528

SUPREME COURT MINUTES

WEDNESDAY, APRIL 22, 2020

SAN FRANCISCO, CALIFORNIA

S067392 PEOPLE v. FREDERICKSON

(DANIEL CARL)

Rehearing denied

S260736 B280526 Second Appellate District, Div. 2 SEROVA (VERA) v. SONY

MUSIC ENTERTAINMENT

Petition for review granted

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

S254554 D073304 Fourth Appellate District, Div. 1 PEOPLE v. AGUAYO

(VERONICA)

Supplemental briefing ordered

The court directs the parties in this matter to file supplemental briefing addressing the following

questions: “Are Penal Code section 245, subdivision (a)(1) and section 245, subdivision (a)(4)

merely different statements of the same offense for purposes of section 954? If so, must one of

defendant's convictions be vacated?” The parties are to serve and file simultaneous supplemental

briefs on or before May 22, 2020. Each party may serve and file a reply brief within 20 days of

the filing of the opposing party’s supplemental brief.

S260462 G056608 Fourth Appellate District, Div. 3 PEOPLE v. HANDLEY (KYLE

SHIRAKAWA)

Petition for review granted; briefing deferred

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

and disposition of related issues in People v. Anderson, S253227 (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., Chin, Corrigan, Liu, Cuéllar, Kruger, and Groban, JJ.

Page 2: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 529

S260819 E070556 Fourth Appellate District, Div. 2 PEOPLE v. YANEZ IV

(SALVADOR)

Petition for review granted; briefing deferred

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

and disposition of related issues in People v. Tirado, S257658 (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., Chin, Corrigan, Liu, Cuéllar, Kruger, and Groban, JJ.

S261120 G056850 Fourth Appellate District, Div. 3 PEOPLE v. COTA

(EMMANUEL)

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. Aguayo, S254554 (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., Chin, Corrigan, Liu, Cuéllar, Kruger, and Groban, JJ.

S260848 E055062 Fourth Appellate District, Div. 2 PEOPLE v. WINDFIELD

(KEANDRE DION)

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

Two

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

Appellate District, Division Two, with directions to vacate its decision and reconsider the cause in

light of Senate Bill No. 620 (Stats. 2017, ch. 682). (Cal. Rules of Court, rule 8.528(d).)

On the court’s own motion, the Reporter of Decisions is directed not to publish in the Official

Appellate Reports the opinion in the above-entitled appeal filed December 20, 2019, which

appears at 44 Cal.App.5th 196. (Cal. Const., art. VI, section 14; Cal. Rules of Court, rule

8.1125(c)(2).)

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

Page 3: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 530

S261701 ALL YOUTH DETAINED IN

JUVENILE HALLS & CAMPS

IN LOS ANGELES COUNTY

v. JUVENILE DIVISION

Order to show cause issued; returnable in Court of Appeal, Second Appellate District, Division

One

The petition for writ of mandate is transferred to the Court of Appeal, Second Appellate District,

with directions to issue an order to show cause returnable before the Los Angeles County Superior

Court, addressing whether juveniles detained in Los Angeles County juvenile facilities are being

denied due process under the Fourteenth Amendment by being held in conditions that could

subject them to contracting the COVID-19 virus and, if so, what remedies can be lawfully

ordered. The order to show cause is to be expedited by the Superior Court, and any hearings

should be scheduled as soon as practicable. The People of the State of California and the County

of Los Angeles are deemed the real parties in interest.

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

S260684 F075300 Fifth Appellate District PEOPLE v. ROSAS

(RICARDO)

The petition for review is denied without prejudice to any relief to which defendant might be

entitled after this court decides People v. Kopp, S257844.

S260718 B303916 Second Appellate District, Div. 3 RHODEN (DLYRIC) ON H.C.

Petition for review denied

S260719 C082640 Third Appellate District PEOPLE v. FARHAT (AMRO)

Petition for review denied

S260721 E071074 Fourth Appellate District, Div. 2 PEOPLE v. VANCE (CALVIN

RAY)

Petition for review denied

S260735 C082768/C085532 Third Appellate District PEOPLE v. ERNST

(DOUGLAS CARTER)

Petition for review denied

Page 4: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 531

S260763 C087817/C088393Third Appellate District BARRETT (JAMES) v.

SELNEK-IS TEM-AL

CORPORATION

Petition for review denied

S260778 A152398 First Appellate District, Div. 1 PEOPLE v. SANTANA (JOEL)

Petition for review denied

S260797 B290165 Second Appellate District, Div. 2 PEOPLE v. PORRAS

(GLORIA)

Petition for review denied

S260812 B291055 Second Appellate District, Div. 5 PEOPLE v. HAYES

(CHRISTOPHER LIND)

Petition for review denied

S260822 B295661 Second Appellate District, Div. 6 PEOPLE v. MACKEY

(DEMARIE RASHAD)

Petition for review denied

S260831 C091349 Third Appellate District A. ROSSI, INC. v. S.C. (RYAN)

Petition for review denied

S260883 B304163 Second Appellate District, Div. 4 LASERSON (DIANA) v. S.C.

(CORVINO)

Petition for review denied

S260886 ALEXANDER (ANDRE

STEPHEN) v. COURT OF

APPEAL, SECOND

APPELLATE DISTRICT,

DIVISION FOUR (PEOPLE)

Petition for writ of mandate/prohibition denied

Petitioner’s “Petition for Writ of Mandate or Other Appropriate Relief,” filed February 24, 2020,

is denied.

Page 5: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 532

S260889 A155212 First Appellate District, Div. 1 PEOPLE v. ROBERTS

(RICKEY JOSEPH)

Petition for review denied

S260911 E072844 Fourth Appellate District, Div. 2 ZEMEK (MARILYN) v. S.C.

(PEOPLE)

Petition for review denied

S260943 A159472 First Appellate District, Div. 4 BLANC (SHEILA ANN) v. S.C.

Petition for review denied

S260979 D074728/D075506 Fourth Appellate District, Div. 1 DELISI (JOHN A.) v.

WAGNER (ALLAN)

Petition for review denied

S260983 KEVORKIAN (ANTRANIK) v.

PUBLIC STORAGE, INC.

Petition for review denied

S260984 C091458 Third Appellate District PEOPLE v. JACKSON

(DWIGHT HARRELL)

Petition for review denied

S260986 A159580 First Appellate District, Div. 3 KOLOKOLO (TONYE

WELSON) v. S.C. (PEOPLE)

Petition for review denied

S260994 B294081 Second Appellate District, Div. 4 BAGBY (DOUGLAS A.) v.

DAVIS (JOSEPH DANIEL)

Petition for review denied

S261009 G056489 Fourth Appellate District, Div. 3 PEOPLE v. CARELLA

(ROBERT LEWIS)

Petition for review denied

Page 6: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 533

S261021 B290667 Second Appellate District, Div. 4 JONES (KEVIN F.) v. CITY

OF SAN MARINO (PERFECT

DESIGN)

Petition for review denied

S261022 B300791 Second Appellate District, Div. 3 HENNINGS (RAYMOND) ON

H.C.

Petition for review denied

S261027 H047390 Sixth Appellate District GUERRERO (RICHARD

ORESTES) ON H.C.

Petition for review denied

S261047 A152387 First Appellate District, Div. 1 LANDI (STEVEN J.) v. CITY

& COUNTY OF SAN

FRANCISCO

Petition for review denied

S261064 A149922 First Appellate District, Div. 5 IN RE O.R.

Petition for review denied

S261078 E071831 Fourth Appellate District, Div. 2 PEOPLE v. CASSERLY

(MICHAEL)

The petition for review is denied without prejudice to any relief to which defendant might be

entitled after this court decides People v. Kopp, S257844.

S261117 H045157 Sixth Appellate District PEOPLE v. WINN

(ALEXANDER)

Petition for review denied

S261118 H047749 Sixth Appellate District MALPERT (RODNEY ALAN)

v. S.C. (PEOPLE)

Petition for review & application for stay denied

Page 7: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 534

S261119 A152934/A153165 First Appellate District, Div. 2 THE EPISCOPAL CHURCH

IN THE DIOCESE OF

CALIFORNIA v. EPISCOPAL

SENIOR COMMUNITIES

Petition for review denied

S261121 C088035 Third Appellate District PEOPLE v. PLUMEAU

(JOSHUA EVON)

The petition for review is denied without prejudice to any relief to which defendant might be

entitled after this court decides People v. Kopp, S257844.

S261127 E071583 Fourth Appellate District, Div. 2 PEOPLE v. DIAZ (PABLO

QUINTERO)

Petition for review denied

S261130 C076755 Third Appellate District PEOPLE v. PEREZ (JESUS

ESTEBAN)

Petition for review denied

S261134 B292450 Second Appellate District, Div. 6 PEOPLE v. PALOMAR III

(IGNACIO FRANCO)

Petition for review denied

Liu and Groban, JJ., are of the opinion the petition should be granted.

S261141 C082284 Third Appellate District PEOPLE v. HOWARD

(SEMAJ SHAW)

Petition for review denied

S261142 E073196 Fourth Appellate District, Div. 2 IN RE I.H.

Petition for review denied

S261146 H046852 Sixth Appellate District IN RE I.G.

Petitions for review denied

S261150 B292593 Second Appellate District, Div. 8 PEOPLE v. CEJA (ESTEBAN)

Petition for review denied

Page 8: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 535

S261153 E073800 Fourth Appellate District, Div. 2 H. (C.) ON H.C.

Petition for review denied

S261158 B302634 Second Appellate District, Div. 4 LUND (BRADFORD D.) v.

FIRST REPUBLIC TRUST

COMPANY

Petition for review & application for stay denied

S261160 B302640 Second Appellate District, Div. 4 LUND (BRADFORD D.) v.

FIRST REPUBLIC TRUST

COMPANY

Petition for review & application for stay denied

S261163 B302641 Second Appellate District, Div. 4 LUND (BRADFORD D.) v.

FIRST REPUBLIC TRUST

COMPANY

Petition for review & application for stay denied

S261164 B302644 Second Appellate District, Div. 4 LUND (BRADFORD D.) v.

FIRST REPUBLIC TRUST

COMPANY

Petition for review & application for stay denied

S261165 B302638 Second Appellate District, Div. 4 LUND (BRADFORD D.) v.

FIRST REPUBLIC TRUST

COMPANY

Petition for review & application for stay denied

S261171 A155394 First Appellate District, Div. 3 BERMAN (JOHN) v.

MINNESOTA LAWYERS

MUTUAL INSURANCE

COMPANY

Petition for review denied

S261176 F075199 Fifth Appellate District PEOPLE v. BONILLA, JR.,

(ROBERT DANIEL)

Petition for review denied

Page 9: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 536

S261206 G056280 Fourth Appellate District, Div. 3 PEOPLE v. DUNBAR

(RUSSELL EUGENE)

Petition for review denied

S261209 B286337 Second Appellate District, Div. 3 J. (K.) v. LOS ANGELES

UNIFIED SCHOOL DISTRICT

Petition for review denied

S261215 F075002 Fifth Appellate District PEOPLE v. MELGOZA

(VIRGILIO)

Petition for review denied

S261216 C086939 Third Appellate District PEOPLE v. HUGGINS

(THYOCHUS A.)

Petition for review denied

S261218 G056637 Fourth Appellate District, Div. 3 PEOPLE v. CAMACHO

(ANTONIO DE JESUS)

Petition for review denied

S261242 G055286 Fourth Appellate District, Div. 3 PEOPLE v. DUVALL

(DANIEL LEE)

Petition for review denied

S261249 E071070 Fourth Appellate District, Div. 2 PEOPLE v. WILLIAMS II

(DENNIS EARL)

Petition for review denied

S261251 F079490 Fifth Appellate District PEOPLE v. ORTIZ (AMADO

RAMIREZ)

Petition for review denied

S261255 F076265 Fifth Appellate District PEOPLE v. GARCIA

(RICHARD)

Petition for review denied

Page 10: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 537

S261256 A155164 First Appellate District, Div. 1 PEOPLE v. SIMON (DARRYL

ANDRE)

Petition for review denied

S261279 B304261 Second Appellate District, Div. 4 McCLENTON (JOVAN) v. S.C.

(PEOPLE)

Petition for review denied

S261292 B290762 Second Appellate District, Div. 3 PEOPLE v. CARABAJAL

(CORRINNA)

Petition for review denied

S261297 G057256 Fourth Appellate District, Div. 3 PEOPLE v. CAMPBELL

(STEVE)

Petition for review denied

S261303 F078333 Fifth Appellate District THOMAS (JOZLYN) v.

BLEVINS (JAMES SCOTT)

Petition for review denied

S261309 H046466 Sixth Appellate District PEOPLE v. GUERRERO

(RICHARD ORESTES)

Petition for review denied

S261320 G056389 Fourth Appellate District, Div. 3 PEOPLE v. SMITH (DAVID

KENNETH)

Petition for review denied

S261324 E070884 Fourth Appellate District, Div. 2 PEOPLE v. DRAYER (AARON

JOSEPH)

Petition for review denied

S261325 G056173 Fourth Appellate District, Div. 3 PEOPLE v. BOYKIN

(RAYMOND MARTIN)

The petition for review is denied without prejudice to any relief to which defendant might be

entitled after this court decides People v. Kopp, S257844.

Page 11: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 538

S261329 A155158 First Appellate District, Div. 1 GEORGE (NICOLE) v.

SHAMS-SHIRAZI (KAYVON)

Petition for review denied

S261332 B293765 Second Appellate District, Div. 7 PEOPLE v. ANDERSON

(JAMES PHILLIP)

Petition for review denied

S261338 D077248 Fourth Appellate District, Div. 1 BLANCO (NORMAN PAUL)

ON H.C.

Petition for review denied

S261341 E071541 Fourth Appellate District, Div. 2 PEOPLE v. FITZGERALD

(NICHOLAS SCOTT)

Petition for review denied

S246262 McGEE (JAMES COREY) ON

H.C.

The petition for writ of habeas corpus is denied without prejudice to any relief to which petitioner

might be entitled after this court decides In re Milton, S259954.

S258760 DAVIESSON (ERIC C.) ON

H.C.

Petition for writ of habeas corpus denied

S259324 GARCIA (ROBERT JOHN)

ON H.C.

The petition for writ of habeas corpus is denied. Individual claims are denied, as applicable. (See

People v. Duvall (1995) 9 Cal.4th 464, 474 [a petition for writ of habeas corpus must include

copies of reasonably available documentary evidence]; In re Dixon (1953) 41 Cal.2d 756, 759

[courts will not entertain habeas corpus claims that could have been, but were not, raised on

appeal]; In re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of habeas corpus must allege

sufficient facts with particularity]; In re Miller (1941) 17 Cal.2d 734, 735 [courts will not

entertain habeas corpus claims that are repetitive].)

Page 12: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 539

S259354 PHILLIPS (ERIC) ON H.C.

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

[courts will not entertain habeas corpus claims that are untimely]; In re Miller (1941) 17 Cal.2d

734, 735 [courts will not entertain habeas corpus claims that are repetitive].)

S259433 BABERS (XAVIER

MITCHELL) ON H.C.

Petition for writ of habeas corpus denied

S259495 BOGARD (KENNETH

ARTHUR) ON H.C.

Petition for writ of habeas corpus denied

S259508 GARCIA (CARLOS TOMAS)

ON H.C.

The petition for writ of habeas corpus is denied without prejudice to any relief to which petitioner

might be entitled after this court decides In re Palmer, S256149.

S259533 SPAIN (CHARLES E.) ON

H.C.

The petition for writ of habeas corpus is denied without prejudice to any relief to which petitioner

might be entitled after this court decides In re Palmer, S256149.

S259639 ALLDREDGE (JOSEPH

DOUGLAS) ON H.C.

Petition for writ of habeas corpus denied

S259774 MUNOZ (ABRAHAM

DIONICIO) ON H.C.

Petition for writ of habeas corpus denied

S259823 MASON (ALAN) ON H.C.

Petition for writ of habeas corpus denied

S259880 GREEN (DAVID) ON H.C.

Petition for writ of habeas corpus denied

Page 13: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 540

S259940 WHEELER (REGINALD) ON

H.C.

Petition for writ of habeas corpus denied

S259946 CORNWELL (TIMOTHY) ON

H.C.

Petition for writ of habeas corpus denied

S260037 HENDERSON (LANCE K.) ON

H.C.

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

[a petition for writ of habeas corpus must include copies of reasonably available documentary

evidence].)

S260197 PROBY (WILLIAM DEON)

ON H.C.

Petition for writ of habeas corpus denied

S260232 GONZALEZ (JOSE M.) ON

H.C.

Petition for writ of habeas corpus denied

S260289 BURTON III (LEROY) ON

H.C.

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

[a petition for writ of habeas corpus must include copies of reasonably available documentary

evidence].)

S260291 BENJAMIN (RONALD JAY)

ON H.C.

Petition for writ of habeas corpus denied

Page 14: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 541

S260292 VAN SWAIT (ARTHUR) ON

H.C.

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

[courts will not entertain habeas corpus claims that are untimely]; In re Clark (1993) 5 Cal.4th

750, 767-769 [courts will not entertain habeas corpus claims that are successive].) Individual

claims are denied, as applicable: (See People v. Duvall (1995) 9 Cal.4th 464, 474 [a petition for

writ of habeas corpus must include copies of reasonably available documentary evidence]; In re

Waltreus (1965) 62 Cal.2d 218, 225 [courts will not entertain habeas corpus claims that were

rejected on appeal]; In re Swain (1949) 34 Cal.2d 300, 304 [a petition for writ of habeas corpus

must allege sufficient facts with particularity]; In re Miller (1941) 17 Cal.2d 734, 735 [courts will

not entertain habeas corpus claims that are repetitive].)

S260306 SANFORD (ERIC YLMO) ON

H.C.

Petition for writ of habeas corpus denied

S260309 MILLS (DARRYL RAY) ON

H.C.

Petition for writ of habeas corpus denied

S260320 GHOLAR (JULES ANTHONY)

ON H.C.

Petition for writ of habeas corpus denied

S260359 VARGAS (JASON) ON H.C.

Petition for writ of habeas corpus denied

S260361 DIAZ (LUIS) ON H.C.

The petition for writ of habeas corpus is denied. (See In re Clark (1993) 5 Cal.4th 750, 767-769

[courts will not entertain habeas corpus claims that are successive].)

S260362 ELLIS (DEMEAKA) ON H.C.

Petition for writ of habeas corpus denied

S260363 BROOKS, JR., (RENARD) ON

H.C.

Petition for writ of habeas corpus denied

Page 15: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 542

S260367 MEDINA (NATHAN) ON H.C.

Petition for writ of habeas corpus denied

S260375 MITCHELL (KESHAN

KASIN) ON H.C.

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

[courts will not entertain habeas corpus claims that are untimely]; In re Clark (1993) 5 Cal.4th

750, 767-769 [courts will not entertain habeas corpus claims that are successive].)

S260486 PATTON (DONDI LAMAR)

ON H.C.

Petition for writ of habeas corpus denied

S260501 HENRY (JAMAR) ON H.C.

Petition for writ of habeas corpus denied

S260502 ALCARAZ (TEODORO S.) ON

H.C.

Petition for writ of habeas corpus denied

S260504 BEASLEY (RANDALL RYAN)

ON H.C.

Petition for writ of habeas corpus denied

S260509 BUNN (BILL) ON H.C.

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

[courts will not entertain habeas corpus claims that are untimely]; In re Clark (1993) 5 Cal.4th

750, 767-769 [courts will not entertain habeas corpus claims that are successive]; In re Miller

(1941) 17 Cal.2d 734, 735 [courts will not entertain habeas corpus claims that are repetitive].)

S260526 DAVIS (DERRICK LEWIS)

ON H.C.

Petition for writ of habeas corpus denied

Page 16: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 543

S260531 GEARHART (KEVIN

ALBERT) ON H.C.

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

[courts will not entertain habeas corpus claims that are untimely]; In re Clark (1993) 5 Cal.4th

750, 767-769 [courts will not entertain habeas corpus claims that are successive].)

S260533 NUNEZ-SHARP (DIEGO) ON

H.C.

The petition for writ of habeas corpus is denied on the merits. (See Harrington v. Richter (2011)

562 U.S. 86, citing Ylst v. Nunnemaker (1991) 501 U.S. 797, 803.)

S260534 TORRES (BULMARIO) ON

H.C.

Petition for writ of habeas corpus denied

S261197 TORRES (BULMARIO) ON

H.C.

Petition for writ of habeas corpus denied

S261622 LOKER (KEITH THOMAS)

ON H.C.

Order: (dispositive)

This petition for a writ of habeas corpus filed on behalf of a capital inmate was filed in this court

after October 25, 2017. Pursuant to Penal Code section 1509, subdivision (a), the petition is

transferred to the Superior Court of California, County of San Bernardino.

In issuing this order, the court has not considered the applicability of Penal Code section 1509,

subdivision (d) to this petition.

S260499 B294886 Second Appellate District, Div. 4 SAYEGUSA (PAUL) v.

OGAWA (CURTIS)

Publication request denied (case closed)

S260716 B296363 Second Appellate District, Div. 3 IN RE S.T.

Publication request denied (case closed)

Page 17: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 544

S260807 E070658 Fourth Appellate District, Div. 2 PEOPLE v. MORALES

(HIPOLITO OSORIO)

The time for granting or denying review in the above-entitled matter is hereby extended to

May 22, 2020.

S260832 C088019 Third Appellate District 6492 FLORIN PERKINS

ROAD LLC v. GALLETTA

(BRIAN)

The time for granting or denying review in the above-entitled matter is hereby extended to

May 22, 2020.

S260833 D075940 Fourth Appellate District, Div. 1 PEOPLE v. HUBER

(RUSSELL JAY)

The time for granting or denying review in the above-entitled matter is hereby extended to

May 22, 2020.

S260878 D074742 Fourth Appellate District, Div. 1 PEOPLE v. COSINERO

(JUAN)

The time for granting or denying review in the above-entitled matter is hereby extended to

May 22, 2020.

S260908 B295698 Second Appellate District, Div. 5 PEOPLE v. VASQUEZ

(WILMAR)

The time for granting or denying review in the above-entitled matter is hereby extended to

May 27, 2020.

S260942 B290755 Second Appellate District, Div. 7 GAMERBERG (RUBEN) v.

3000 E. 11TH ST., LLC

The time for granting or denying review in the above-entitled matter is hereby extended to

May 28, 2020.

S214917 PEOPLE v. NASO (JOSEPH)

Extension of time granted

On application of appellant, it is ordered that the time to serve and file appellant's opening brief is

extended to June 22, 2020.

Page 18: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 545

S220097 PEOPLE v. WEST (ERRAN

LANE)

Extension of time granted

Based upon counsel Michael Clough’s representation that the appellant’s opening brief is

anticipated to be filed by June 20, 2020, an extension of time in which to serve and file that brief

is granted to June 22, 2020. After that date, no further extension is contemplated.

S225017 PEOPLE v. KING (COREY

LYNN)

Extension of time granted

On application of appellant, it is ordered that the time to serve and file appellant’s opening brief is

extended to June 22, 2020.

S256065 DALY (JAMES SCOTT) ON

H.C.

Extension of time granted

On application of respondent and good cause appearing, it is ordered that the time to serve and file

the informal response is extended to May 26, 2020.

S260270 E070926 Fourth Appellate District, Div. 2 PEOPLE v. VIVAR (ROBERT

LANDEROS)

Extension of time granted

On application of appellant and good cause appearing, it is ordered that the time to serve and file

the opening brief on the merits is extended to May 26, 2020.

S161909 PEOPLE v. SHOVE

(THEODORE CHURCHILL)

Marsden motion denied

Appellant’s “Presentation of Additional Evidence Presented to California Supreme Court Related

to Conflict of Interest with Appointed Counsel,” filed in propria persona on February 13, 2020, is

construed as a motion for substitution of counsel under People v. Marsden (1970) 2 Cal.3d 118.

So construed, the motion is denied.

Page 19: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 546

S260410 B296605 Second Appellate District, Div. 6 PEOPLE v. CORNELIUS

(HAROLD TED)

Counsel appointment order filed

Upon request of appellant for appointment of counsel, Allison Ting is hereby appointed to

represent appellant on the appeal now pending in this court.

S261178 A157163 First Appellate District, Div. 2 PEOPLE v. WEST (JASON)

Counsel appointment order filed

Upon request of appellant for appointment of counsel, Janice Lagerlof is hereby appointed to

represent appellant on the appeal now pending in this court.

S248141 G052735 Fourth Appellate District, Div. 3 WEISS (EVAN) v.

DEPARTMENT OF

TRANSPORTATION

Order filed

The request of counsel for respondents in the above-referenced cause to allow two counsel to

argue on behalf of respondents at oral argument is hereby granted.

The request of respondents to allocate to Michael G. Colantuono 20 minutes and Gary C.

Weisberg 10 minutes of respondents’ 30-minute allotted time for oral argument is granted.

S252473 IN RE CLIFFORD ALLEN

BRACE, JR.

Order filed

The request of respondent to allocate to amicus curiae Christopher C. Melcher 10 minutes of

respondent’s 30-minute allotted time for oral argument is granted.

S260593 HARRIS ON DISCIPLINE

Order filed

On January 29, 2020, the State Bar of California transmitted its recommendation for the

disbarment of BARBARA McDANIEL HARRIS, State Bar Number 182652. This matter was

assigned case number S260593.

On February 6, 2020, Harris filed a petition in this court seeking review of the State Bar Court’s

Review Department’s interim decision to deny her motion for a reasonable extension of time to

pay the trial transcript fee to facilitate review of her appeal below. This matter was assigned case

number S260772. The court requested the State Bar to provide an answer to the petition on or

Page 20: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 547

before March 27, 2020. The State Bar requested an extension to file its answer on or before April

24, 2020, which was granted.

On April 8, 2020, the time to file a petition for review of the State Bar Court’s recommendation of

disbarment expired and, pursuant to California Rules of Court, rule 9.18(b), the disciplinary

recommendation was filed as an order of this court. Pursuant to California Rules of Court, rule

9.18(a), the order of disbarment filed on April 8, 2020, is hereby stayed and BARBARA

McDANIEL HARRIS remains involuntarily enrolled as an inactive licensee of the State Bar of

California pending completion of further proceedings.

The State Bar of California is directed to file an answer to the petition for review in case number

S260772 on or before April 24, 2020. Pursuant to California Rules of Court, rule 9.13, petitioner

may file a reply within five days after the answer is filed.

S261686 BULLETTI (PETER C.) v. S.C.

(PEOPLE)

Transferred to Court of Appeal, First Appellate District

The above-entitled matter is transferred to the Court of Appeal, First Appellate District, for

consideration in light of Hagan v. Superior Court (1962) 57 Cal.2d 767. In the event the Court of

Appeal determines that this petition is substantially identical to a prior petition, the repetitious

petition must be denied.

S261208 ACCUSATION OF TYLER

Petition denied (accusation)

S261213 ACCUSATION OF MORGAN

Petition denied (accusation)

S261317 ACCUSATION OF

CATHERINE

Petition denied (accusation)

S261328 ACCUSATION OF

ROBINSON

Petition denied (accusation)

Page 21: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 548

S260637 ZOUVAS ON DISCIPLINE

Recommended discipline imposed: disbarred

The court orders that LUKE CHRISTOPHER ZOUVAS (Respondent), State Bar Number

216154, is summarily disbarred from the practice of law and that Respondent’s name is stricken

from the roll of attorneys.

Respondent must comply with California Rules of Court, rule 9.20, and perform the acts specified

in subdivisions (a) and (c) of that rule within 30 and 40 calendar days, respectively, after the

effective date of this order.

Costs are awarded to the State Bar in accordance with Business and Professions Code section

6086.10 and are enforceable both as provided in Business and Professions Code section 6140.7

and as a money judgment.

S261719 GAUL ON RESIGNATION

Voluntary resignation accepted

The court orders that the voluntary resignation of GREGORY STEPHEN GAUL, State Bar

Number 125683, as an attorney of the State Bar of California is accepted.

S261721 GREYTAK ON

RESIGNATION

Voluntary resignation accepted

The court orders that the voluntary resignation of SCOTT ANDREW GREYTAK, State Bar

Number 313009, as an attorney of the State Bar of California is accepted.

S261722 GRIES ON RESIGNATION

Voluntary resignation accepted

The court orders that the voluntary resignation of MARSHALL GOFF GRIES, State Bar Number

153116, as an attorney of the State Bar of California is accepted.

S261723 HAVE ON RESIGNATION

Voluntary resignation accepted

The court orders that the voluntary resignation of ANDREW CHRISTENSEN HAVE, State Bar

Number 146666, as an attorney of the State Bar of California is accepted.

Page 22: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 549

S261748 HENNINGS ON

RESIGNATION

Voluntary resignation accepted

The court orders that the voluntary resignation of MARK STEVEN HENNINGS, State Bar

Number 100906, as an attorney of the State Bar of California is accepted.

S261749 HICKEL ON RESIGNATION

Voluntary resignation accepted

The court orders that the voluntary resignation of TIMOTHY TRENT HICKEL, State Bar

Number 141039, as an attorney of the State Bar of California is accepted.

S261750 HUBER III ON

RESIGNATION

Voluntary resignation accepted

The court orders that the voluntary resignation of LOUIS ANTHONY HUBER III, State Bar

Number 156378, as an attorney of the State Bar of California is accepted.

S261751 JACOBS ON RESIGNATION

Voluntary resignation accepted

The court orders that the voluntary resignation of NEAL DAVID JACOBS, State Bar Number

125680, as an attorney of the State Bar of California is accepted.

S261752 KASLOW ON RESIGNATION

Voluntary resignation accepted

The court orders that the voluntary resignation of AARON MICHAEL KASLOW, State Bar

Number 152855, as an attorney of the State Bar of California is accepted.

S261753 KOLKIN ON RESIGNATION

Voluntary resignation accepted

The court orders that the voluntary resignation of MITCHELL KOLKIN, State Bar Number

71529, as an attorney of the State Bar of California is accepted.

Page 23: Supreme Court Minutes: Wednesday, April 22, 2020

SAN FRANCISCO APRIL 22, 2020 550

BAR MISC. 4186 IN THE MATTER OF THE APPLICATION OF THE COMMITTEE

OF BAR EXAMINERS OF THE STATE BAR OF CALIFORNIA

FOR ADMISSION OF ATTORNEYS (MOTION NO. 1,465)

The written motion of the Committee of Bar Examiners that the following named applicants, who

have fulfilled the requirements for admission to practice law in the State of California, be

admitted to the practice of law in this state is hereby granted, with permission to the applicants to

take the oath before a competent officer at another time and place:

(SEE ORIGINAL APPLICATION FOR THE LIST OF NAMES ATTACHED.)


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