supreme court minutes wednesday, june 15, 2016 san
TRANSCRIPT
1019
SUPREME COURT MINUTES
WEDNESDAY, JUNE 15, 2016
SAN FRANCISCO, CALIFORNIA
S076785 PEOPLE v. RANGEL, JR.,
(PEDRO)
Rehearing denied
Corrigan, J., was absent and did not participate.
S233973 B260447 Second Appellate District, Div. 7 PEOPLE v. FRANCO (RUBEN
PHILLIP)
Petition for review granted
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S234269 D066722 Fourth Appellate District, Div. 1 RUBENSTEIN (LATRICE) v.
DOE NO. 1
Petition for review granted
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S225562 G050827 Fourth Appellate District, Div. 3 PEOPLE v. S.C. (SMITH)
Supplemental briefing ordered
The Orange County District Attorney, counsel for petitioner, is invited to file a supplemental letter
brief addressing the following:
1. Would application of Welfare and Institutions Code section 6603, subdivision (j) (hereafter
section 6603(j)) (added to the code by Stats. 2015, ch. 576, § 1), to this case violate real
party in interest Richard Anthony Smith’s right to equal protection of the laws by treating
him differently from mentally disordered offenders (see Pen. Code, § 2960 et seq.) and
mentally disordered sex offenders (see Welf. & Inst. Code, § 6300 et seq.)? (Reply/Suppl.
Br. on the Merits, p. 3.)
2. Assuming no meritorious equal protection problem exists, can section 6603(j) be applied to
this case despite the fact that the case arose before section 6603 was amended to add
subdivision (j)? (Reply/Suppl. Br. on the Merits, p. 5.)
3. Assuming no meritorious equal protection or retroactivity problem exists, is the disclosure
authorized by section 6603(j) limited to medical and mental health treatment records used or
relied upon in performing an updated evaluation under Welfare and Institutions Code section
SAN FRANCISCO JUNE 15, 2016 1020
6603, subdivision (c), or is disclosure also authorized for records underlying an initial or
replacement evaluation? (Reply/Suppl. Br. on the Merits, p. 7.)
4. Assuming no meritorious equal protection or retroactivity problem exists, inasmuch as
section 6603(j) states the treatment records can be disclosed only to the “the attorney
petitioning for commitment,” and further provides “[t]he attorneys may use the records in
proceedings under this article and shall not disclose them for any other purpose” (italics
added), can the Orange County District Attorney share the disclosed the information with its
hired expert witness? (Reply/Suppl. Br. on the Merits, p. 8.)
The Orange County District Attorney’s opening supplemental letter brief must be served and filed
no later than July 13, 2016. A supplemental reply letter brief by real party in interest Smith must
be served and filed no later than July 27, 2016.
Corrigan, J., was absent and did not participate.
S233480 C078403 Third Appellate District PEOPLE v. BYRD (TIMMY
LEE)
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. DeHoyos, S228230 (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.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S233871 D069303/D069304 Fourth Appellate District, Div. 1 PEOPLE v. WARD (TRAVIS
ADAM)
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. DeHoyos, S228230 (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.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
SAN FRANCISCO JUNE 15, 2016 1021
S233944 G051386 Fourth Appellate District, Div. 3 PEOPLE v. BARTLETT
(ROBERT JAMES)
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. Page, S230793, and 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.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S234320 B264877 Second Appellate District, Div. 6 PEOPLE v. STINE (TYE)
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. Morales, S228030 (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.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S234418 B262733 Second Appellate District, Div. 8 PEOPLE v. MARTINEZ
(ABEL RUBEN)
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.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S231143 JOE (WARDELL) ON H.C.
Order to show cause issued; returnable in Court of Appeal, Second Appellate District, Division
Three
The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause
before the Second District Court of Appeal, Division Three, when the matter is placed on
calendar, why People v. Banks (2015) 61 Cal.4th 788, is not retroactive to petitioner’s case and
why petitioner is not entitled to the relief requested. The return is to be filed on or before July 15,
2016.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
SAN FRANCISCO JUNE 15, 2016 1022
S233381 CHATMAN (ERIK SANFORD)
v. S.C. (PEOPLE)
Petition for review granted; transferred to Court of Appeal, Sixth Appellate District, with
directions to issue an alternative writ
The petition for review filed on March 28, 2016, is granted. The matter is transferred to the Court
of Appeal, Sixth Appellate District, with instructions to vacate its order denying the petition for
writ of mandate in Chatman v. Superior Court, H043061, and to issue an alternative writ on the
question whether the Santa Clara County Superior Court improperly declined to conduct an in
camera review of documents withheld under a claim of privilege to determine whether the
asserted privilege applies and whether petitioner is entitled to any withheld material under Penal
Code section 1054.9, as requested in petitioner’s reply in support of motion for postconviction
discovery (Pen. Code, § 1054.9), filed in In re Chatman on Habeas Corpus, No. 143749, on
June 23, 2015.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S225631 D064936 Fourth Appellate District, Div. 1 PEOPLE v. INGRAM
(THOMAS)
Dismissed and remanded to Court of Appeal, Fourth Appellate District, Division One
Appellant’s application to dismiss review due to mootness is granted. Review in this action is
hereby dismissed. (Rule 8.528(b)(1).)
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S227632 GRADILLAS (LILLIAN) v.
LINCOLN GENERAL
INSURANCE COMPANY
Dismissal order filed
In light of the dismissal of the underlying action by the United States Court of Appeals, Ninth
Circuit, the above-captioned matter, in which this court agreed to decide a question of California
law, is hereby dismissed. (Rules 8.528(b)(1), 8.548(a)(1).)
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S233181 B260035 Second Appellate District, Div. 6 LOVE (LEE ANDRE) v.
CALIFORNIA HIGHWAY
PATROL
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1023
S233426 B262848 Second Appellate District, Div. 1 JONES (DARLA RAY) ON
H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S233451 B263075 Second Appellate District, Div. 8 PEOPLE v. AGUILAR
(HENRY)
Petition for review denied
Corrigan, J., was absent and did not participate.
S233530 C078705 Third Appellate District ELLIS (JON VIRGIL) v.
COUNTY OF CALAVERAS
Petition for review denied
Corrigan, J., was absent and did not participate.
S233532 B259323 Second Appellate District, Div. 7 SU (JULIE) v. MONSOON
BLUE, INC.
Petition for review denied
Corrigan, J., was absent and did not participate.
S233578 H042054 Sixth Appellate District PEOPLE v. KILPATRICK
(SEAN-PAUL)
Petition for review denied
Corrigan, J., was absent and did not participate.
S233628 A147742 First Appellate District, Div. 3 NGUYEN (HUNG) ON H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S233724 A144464 First Appellate District, Div. 5 ROYEE (SHAWEEN) v.
CASINO 580, LLC
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1024
S233785 B259791 Second Appellate District, Div. 1 FRY (JACK) v. CITY OF LOS
ANGELES (BOARD OF FIRE
& POLICE PENSION
COMMISSIONERS OF THE
LOS ANGELES FIRE &
POLICE PENSIONS)
Petition for review denied
Corrigan, J., was absent and did not participate.
S233788 H043308 Sixth Appellate District LEDEE (LAWRENCE) ON
H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S233811 C073202 Third Appellate District PEOPLE v. LEE (NATHAN
JOSEPH)
Petition for review denied
Corrigan, J., was absent and did not participate.
S233819 C068079/D068517 Third Appellate District PEOPLE v. HERNANDEZ
(ARMONDO)
Petitions for review denied
Corrigan, J., was absent and did not participate.
S233848 B262545 Second Appellate District, Div. 7 PIERCE (SAMUEL) v.
REGENTS OF THE
UNIVERSITY OF
CALIFORNIA
Petition for review denied
Corrigan, J., was absent and did not participate.
S233856 B266505 Second Appellate District, Div. 5 IN RE G.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S233873 D069377 Fourth Appellate District, Div. 1 IN RE L.A.
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1025
S233906 F067979 Fifth Appellate District PEOPLE v. CEJA (MARIA)
Petition for review denied
Corrigan, J., was absent and did not participate.
S233907 C077727 Third Appellate District PEOPLE v. MARTINEZ
(FELIX)
Petition for review denied
Corrigan, J., was absent and did not participate.
S233920 C078454 Third Appellate District PEOPLE v. STRAHORN
(DAVID NICHOLAS)
Petition for review denied
Corrigan, J., was absent and did not participate.
S233924 B271430 Second Appellate District, Div. 5 BUCKNER (KENNY
ANTWON) ON H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S233926 C078527 Third Appellate District PEOPLE v. SPEARS (BRIAN
KEITH)
Petition for review denied
Corrigan, J., was absent and did not participate.
S233935 G051340 Fourth Appellate District, Div. 3 PEOPLE v. BARTLETT
(ROBERT JAMES)
Petition for review denied
Corrigan, J., was absent and did not participate.
S233947 C081513 Third Appellate District PEOPLE v. BREWER (JASON
M.)
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1026
S234066 C076449 Third Appellate District PEOPLE v. COOPER
(ANTHONY L.)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234074 D070090 Fourth Appellate District, Div. 1 PEOPLE v. CLARK (BRENT)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234089 H041594 Sixth Appellate District PEOPLE v. S.C. (HARRIS)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234146 A142905 First Appellate District, Div. 1 PEOPLE v. WENKE (LAURA
JEAN)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234166 C076777 Third Appellate District PEOPLE v. RENAUD
(TIMMY)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234167 C076568 Third Appellate District WITTE (THOMAS) v. YOUNG
(CAROLYN M.)
Petition for review & publication request(s) denied
Corrigan, J., was absent and did not participate.
S234201 A147650 First Appellate District, Div. 1 NATIONWIDE BIWEEKLY
ADMINISTRATION INC. v.
S.C. (PEOPLE)
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1027
S234224 B259542 Second Appellate District, Div. 4 SEVIER (JULIA K.) v.
GHANNOUM (MOHAMMED)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234230 B262766 Second Appellate District, Div. 4 DEMELLO (MARTIN) v.
LIONEL (EVAN)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234231 H043120 Sixth Appellate District PEOPLE v. CASTILLO
(DAVID)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234235 B271132 Second Appellate District, Div. 8 EVANS (KENNETH) ON H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S234264 F071269/F071523 Fifth Appellate District IN RE R.H.
Petition for review denied
Corrigan, J., was absent and did not participate.
S234288 D067409 Fourth Appellate District, Div. 1 CAPECI (MICHAEL) v. CITY
OF IMPERIAL
Petition for review denied
Corrigan, J., was absent and did not participate.
S234299 E065771 Fourth Appellate District, Div. 2 GASPARD (AMERY) ON H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S234323 D066632 Fourth Appellate District, Div. 1 ABBE (THOMAS) v. SAN
DIEGO CITY EMPLOYEES’
RETIREMENT SYSTEM
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1028
S234330 F070186 Fifth Appellate District PEOPLE v. BLAKELY
(LEWIS VERNARD)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234350 B259576 Second Appellate District, Div. 1 PEOPLE v. GALVAN (JESSE
CANDELARI)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234352 E064454 Fourth Appellate District, Div. 2 IN RE S.R.
Petition for review denied
Corrigan, J., was absent and did not participate.
S234353 G052112 Fourth Appellate District, Div. 3 PEOPLE v. RODRIGUEZ
(HECTOR ALEJANDRO)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234363 D069069 Fourth Appellate District, Div. 1 PEOPLE v. ZANETTI
(ADRIAN ENRIQUE)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234365 E062415 Fourth Appellate District, Div. 2 PEOPLE v. BAINES
(SAMUEL)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234367 C081609 Third Appellate District SCOFIELD (SHARON) v. S.C.
(JOHAL)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234368 G051277 Fourth Appellate District, Div. 3 IN RE V.G.
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1029
S234371 B262047 Second Appellate District, Div. 2 COMMERCIAL LOAN
SOLUTIONS III, LLC v. YU
(MICHAEL S.)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234373 G053351 Fourth Appellate District, Div. 3 PEREZ (DAVID CLEMENTE)
v. S.C. (PEOPLE)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234376 E065756 Fourth Appellate District, Div. 2 ABDULLAH (TYMR IBN) v.
S.C. (PEOPLE)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234378 KING (KEVIN WILLIAM) v.
COUNTY OF LOS ANGELES
Petition for review denied
Corrigan, J., was absent and did not participate.
S234380 B270510 Second Appellate District, Div. 8 DEVINE (ROBERT
ANTHONY) ON H.C.
The petition for review is denied on the merits. (See Harrington v. Richter (2011) 562 U.S. 86,
99-100, citing Ylst v. Nunnemaker (1991) 501 U.S. 797, 803.)
Corrigan, J., was absent and did not participate.
S234392 F069910 Fifth Appellate District PEOPLE v. BROWN
(EDWARD)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234395 B271675 Second Appellate District, Div. 2 GONZALEZ (MATTHEW) ON
H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1030
S234397 D070083 Fourth Appellate District, Div. 1 GOMEZ (FELIPE) ON H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S234399 B254673 Second Appellate District, Div. 3 PEOPLE v. REYNALDO (JIMI
HENDRIX)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234400 A146834 First Appellate District, Div. 3 PEOPLE v. S.C. (KATZ)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234401 E063003 Fourth Appellate District, Div. 2 PEOPLE v. BRADFORD
(KENNETH FRANK)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234404 A144807 First Appellate District, Div. 3 FAGORALA (ADE O.) v.
NATIONSTAR MORTGAGE
LLC
Petition for review denied
Corrigan, J., was absent and did not participate.
S234407 D070179 Fourth Appellate District, Div. 1 DURAN, JR., (DAVID BARBA)
ON H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S234413 H041827 Sixth Appellate District PEOPLE v. WARD
(MICHAEL WAYNE)
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1031
S234417 B251741 Second Appellate District, Div. 3 NESBITT (JOYCE) &
NESBITT (CAMERON) v.
REDDISH (LUGENIA)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234420 D066678 Fourth Appellate District, Div. 1 BAIDYA (ANANTA) v. SAN
DIEGO CITY EMPLOYEES’
RETIREMENT SYSTEM
Petition for review denied
Corrigan, J., was absent and did not participate.
S234423 B256588 Second Appellate District, Div. 7 BAZAR (RENEE M.) &
SHORR (ALAN), MARRIAGE
OF
Petition for review denied
Corrigan, J., was absent and did not participate.
S234429 B263930 Second Appellate District, Div. 1 MUNIZ-ORTEGA
(ALFREDO) v. TATUNG
COMPANY OF AMERICA,
INC.
Petition for review denied
Corrigan, J., was absent and did not participate.
S234433 C071929 Third Appellate District PEOPLE v. GELLOCK
(EDWARD CHARLES)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234446 H042548 Sixth Appellate District PEOPLE v. NELSON
(KAMARI JAMAAL)
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1032
S234452 D068142 Fourth Appellate District, Div. 1 PEOPLE v. THAMRACKSA
(MINA)
Petition for review denied
The request for judicial notice is granted.
Corrigan, J., was absent and did not participate.
S234454 E063246 Fourth Appellate District, Div. 2 PEOPLE v. FLORENCE
(BOBBY GENE)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234455 D069286 Fourth Appellate District, Div. 1 PEOPLE v. MORALES
(MARLON ALBERTO)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234456 A141688 First Appellate District, Div. 5 ADAMS (CHARLENE) v.
JORDAN (BETH)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234459 A148046 First Appellate District, Div. 4 WOODS II (EARNEST
CASSELL) ON H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S234460 G053366 Fourth Appellate District, Div. 3 JOINTER (MICHAEL
ANTHONY) v. S.C. (PEOPLE)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234462 E064974 Fourth Appellate District, Div. 2 PEOPLE v. CABRAL
(ANTHONY)
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1033
S234464 B260622 Second Appellate District, Div. 2 PEOPLE v. CELIS (IZAEL C.)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234465 B226776 Second Appellate District, Div. 8 PEOPLE v. THOMPSON
(DAMION)
Petitions for review denied
Corrigan, J., was absent and did not participate.
S234483 B263517 Second Appellate District, Div. 5 PEOPLE v. BURCIAGA
(MICHAEL)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234484 F068966 Fifth Appellate District PEOPLE v. KUFFLER
(DAVID TIMOTHY)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234492 D068756 Fourth Appellate District, Div. 1 PEOPLE v. HATFIELD
(RONALD)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234509 C079000 Third Appellate District PEOPLE v. HERNANDEZ
(RONNIE)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234510 E065858 Fourth Appellate District, Div. 2 CALLION (CHARLES
GREGORY) ON H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1034
S234583 KLINEFELTER (JEFFREY
SCOTT) v. COURT OF
APPEAL, FOURTH
APPELLATE DISTRICT,
DIVISION TWO (PEOPLE)
The petition for writ of mandate is denied as moot in light of the Court of Appeal order of
May 26, 2016.
Corrigan, J., was absent and did not participate.
S234601 G045693 Fourth Appellate District, Div. 3 ESTATES AT MONARCH
COVE COMMUNITY
ASSOCIATION v. RODARTE
(MICHAEL)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234817 D070331 Fourth Appellate District, Div. 1 MUNSTER (CRUZ JESUS) v.
S.C. (PEOPLE)
Petition for review & application for stay denied
Corrigan, J., was absent and did not participate.
S231070 JAY (LARRY) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S232559 HENRY (SHEDRICK L.) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S233420 ALMEDA (KENNETH
DAVID) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1035
S233422 RICHARDSON (MARQUISE)
ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S233434 HERNANDEZ (JOSE
ALFREDO) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S233661 BILLS (JIMMIE LEE) 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.)
Corrigan, J., was recused and did not participate.
S233662 COWART (GARDELL) 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.)
Corrigan, J., was absent and did not participate.
S233666 LOPEZ (JOSHUA VINCE) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S233668 ROWE (THEODORE
CURTIS) 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; In re Lindley
(1947) 29 Cal.2d 709, 723.)
Corrigan, J., was absent and did not participate.
S233693 ROBINSON, JR., (DONALD)
ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1036
S233695 SERNA (ISMAEL 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.)
Corrigan, J., was absent and did not participate.
S233713 INMAN (RONALD J.) 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.)
Corrigan, J., was absent and did not participate.
S233718 ANDERSON (DARRELL) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S233722 ROSAS (FEDERICO) 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
Dixon (1953) 41 Cal.2d 756, 759; In re Swain (1949) 34 Cal.2d 300, 304; In re Lindley (1947) 29
Cal.2d 709, 723.)
Corrigan, J., was absent and did not participate.
S233919 HOLLIE (RODNEY D.) 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.)
Corrigan, J., was absent and did not participate.
S233967 McCOY (DEWAYNE) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234039 COLEMAN (MALCOLM) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1037
S234041 CHAVEZ (IGNACIO
CERVANTES) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780.)
Corrigan, J., was absent and did not participate.
S234042 SCHIMMEL (JAYSON
MATHEAW) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Miller (1941) 17 Cal.2d 734, 735.)
Corrigan, J., was absent and did not participate.
S234046 HARRIS, JR., (TERRANCE L.)
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.)
Corrigan, J., was absent and did not participate.
S234054 HAMPTON (JAMES EARL)
ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Miller (1941) 17 Cal.2d 734, 735.)
Corrigan, J., was absent and did not participate.
S234058 BEJARANO (FELIX) 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.)
Corrigan, J., was absent and did not participate.
S234059 HERNANDEZ (ANGEL) ON
H.C.
The petition for writ of habeas corpus is denied. (See In re Miller (1941) 17 Cal.2d 734, 735.)
Corrigan, J., was absent and did not participate.
S234060 NARVAEZ (DOUGLAS D.) ON
H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780.)
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1038
S234061 SOTO (JOSE) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234091 THYBERG (MICHAEL) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234092 SANCHES (SHANE R.) 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.)
Corrigan, J., was absent and did not participate.
S234094 PORTER (SHAWN LEE) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234095 ESTRADA (VICENTE) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234115 GOINS (RICHARD) 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.)
Corrigan, J., was absent and did not participate.
S234152 SMITH (WILLIAM ALLEN)
ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1039
S234165 ROBINSON (ERIC MARK)
ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234172 NIKOLAYAN (EDWARD) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234197 JONES (CLEON NEAL) 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.)
Corrigan, J., was absent and did not participate.
S234202 JORDAN (KENNETH
LAMART) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234216 BANKSTON (LEWIS DALE)
ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234236 CAVINESS (DONALD
LEONARD) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Waltreus (1965) 62 Cal.2d 218, 225;
In re Dixon (1953) 41 Cal.2d 756, 759; In re Lindley (1947) 29 Cal.2d 709, 723.)
Corrigan, J., was absent and did not participate.
S234237 VELEZ, JR., (ROBERT) 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.)
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1040
S234238 BOONE (VELTON LAMONT)
ON H.C.
The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474;
In re Dixon (1953) 41 Cal.2d 756, 759; In re Swain (1949) 34 Cal.2d 300, 304; In re Lindley
(1947) 29 Cal.2d 709, 723; In re Miller (1941) 17 Cal.2d 734, 735.)
Corrigan, J., was absent and did not participate.
S234239 EZELL, JR., (LEE) 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.)
Corrigan, J., was absent and did not participate.
S234241 BROWN (CLIFTON) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234242 EDDOWES (JORDAN) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234383 LEWIS (THOMAS M.) ON
H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234386 GRAJEDA (ANDY) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234387 MESSING (BRIAN) 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.)
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1041
S234388 CALLENDER (VINCENT A.)
ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234426 ROBLES (AUGUSTO CESAR)
ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234448 HOLBROOK (ETHAN DEAN)
ON H.C.
The petition for writ of habeas corpus is denied. (See In re Dixon (1953) 41 Cal.2d 756, 759; In
re Lindley (1947) 29 Cal.2d 709, 723.)
Corrigan, J., was absent and did not participate.
S234451 JORDAN (VERNEL) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S234556 GONZALEZ (CLEMENTE)
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.)
Corrigan, J., was absent and did not participate.
S234621 POOLE (JUSTIN) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Dexter (1979) 25 Cal.3d 921,
925-926.)
Corrigan, J., was absent and did not participate.
S234627 ZUNIGA (JEFF) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1042
S234755 CABADA (JACK) ON H.C.
Petition for writ of habeas corpus denied
Corrigan, J., was absent and did not participate.
S233588 B259998 Second Appellate District, Div. 3 PEOPLE v. AREVALO
(EDGAR)
Depublication request denied (case closed)
The request for an order directing depublication of the opinion in the above-entitled appeal is
denied.
Corrigan, J., was absent and did not participate.
S233789 A137513 First Appellate District, Div. 4 UNTERMANN (CHERYL) v.
D. ZELINSKY & SONS, INC.
Publication request denied (case closed)
Corrigan, J., was absent and did not participate.
S233864 B264246 Second Appellate District, Div. 3 IN RE EMMANUEL D.
Publication request denied (case closed)
Corrigan, J., was absent and did not participate.
S233946 D069334 Fourth Appellate District, Div. 1 J. (M.) v. S.C. (SAN DIEGO
COUNTY HEALTH &
HUMAN SERVICES
AGENCY)
Publication request denied (case closed)
Corrigan, J., was absent and did not participate.
S234044 A143186 First Appellate District, Div. 2 STUPP (STEVEN) &
SCHILDERS (ANNEMARIE),
MARRIAGE OF
Publication request denied (case closed)
Corrigan, J., was absent and did not participate.
S234065 B258692 Second Appellate District, Div. 1 FIDELITY NATIONAL TITLE
INSURANCE COMPANY v.
COTHRAN (JONATHAN)
Publication request denied (case closed)
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1043
S234076 B260567 Second Appellate District, Div. 3 SYPRASERT (ARICH) v.
TRUCK INSURANCE
EXCHANGE
Publication request denied (case closed)
Corrigan, J., was absent and did not participate.
S234084 C077803 Third Appellate District NIDIVER (BONNIE) v.
LIFEHOUSE HEALTH
SERVICES, LLC
Publication requests denied (case closed)
Corrigan, J., was absent and did not participate.
S234190 B260724 Second Appellate District, Div. 1 SAUL BRANDMAN
RECOVABLE TRUST &
JOYCE O’DONNEL
BRANDMAN MARITAL
TRUST, IN RE
Publication request denied (case closed)
Corrigan, J., was absent and did not participate.
S234253 B267711 Second Appellate District, Div. 1 MARLEY-WYLAIN
COMPANY v. S.C.
(SWANSON)
Publication request denied (case closed)
Corrigan, J., was absent and did not participate.
S012279 PEOPLE v. LUCAS (DAVID
ALLEN)
Withdrawal of counsel allowed by order
Good cause appearing, the application of appointed counsel for permission to withdraw as
attorney of record for condemned inmate David Allen Lucas, filed May 5, 2016, is granted.
The order appointing Thomas Lundy as appellate and habeas corpus counsel of record for
condemned inmate David Allen Lucas, filed July 29, 1993, is hereby vacated.
Upon request of condemned inmate David Allen Lucas for appointment of counsel, and the
Federal Public Defender’s “Motion for Appointment as Counsel of Record” filed May 5, 2016
(supplemental supporting declaration filed May 17, 2016), the Federal Public Defender for the
Central District of California is hereby appointed as counsel of record for David Allen Lucas.
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.
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1044
S233099 B257829 Second Appellate District, Div. 5 PEOPLE v. ADAMS (KEVIN)
Counsel appointment order filed
Upon request of appellant Devon Delshawn Moreland for appointment of counsel, Vanessa Place
is hereby appointed to represent appellant on the appeal now pending in this court.
S233979 H042065 Sixth Appellate District PEOPLE v. CASIAS
(FREDDY)
Counsel appointment order filed
Upon request of appellant for appointment of counsel, Blair Greenberg is hereby appointed to
represent appellant on the appeal now pending in this court.
S232568 WALDON (BILLY RAY) ON
H.C.
Order filed
Petitioner’s “Motion to File Confidential Records Under Seal Pursuant to Evidence Code Sections
954, 994,” and “Motion to Unseal and Publicly File Records,” both filed on February 22, 2016,
are held in abeyance pending service and filing by July 5, 2016, of a motion by petitioner’s
counsel for appointment as guardian ad litem for petitioner under section 372, subdivision (a) of
the Code of Civil Procedure, if counsel chooses to file such a motion.
Corrigan, J., was absent and did not participate.
S235038 PEOPLE v. MARTIN
(TYJUAN D.)
Transferred to Court of Appeal, Second Appellate District
The above-entitled matter is transferred to the Court of Appeal, Second Appellate District.
S234343 ACCUSATION OF
STEWART, JR.
Petition denied (accusation)
Corrigan, J., was absent and did not participate.
S234393 ACCUSATION OF BROOKS
Petition denied (accusation)
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1045
S234485 ACCUSATION OF
YABLONSKY
Petition denied (accusation)
Corrigan, J., was absent and did not participate.
S231544 BROWN ON DISCIPLINE
Request for rehearing of State Bar discipline denied
On the court’s own motion, the order in the above-captioned matter, dated April 28, 2016, is
vacated, and the following order is entered:
The court orders that PETER T. BROWN, State Bar Number 125446, is suspended from the
practice of law in California for one year, execution of that period of suspension is stayed, and he
is placed on probation for one year subject to the following conditions:
1. PETER T. BROWN is suspended from the practice of law for the first 90 days of probation.
He is given credit for the 186-day actual suspension that he served from June 8, 2015, to
December 11, 2015.
2. PETER T. BROWN must comply with the other conditions of probation recommended by
the Hearing Department of the State Bar Court in its Order Approving Stipulation filed on
November 6, 2015, except for condition F(2). Brown need not comply with condition F(2),
which appears on page 6 of the stipulation, under the heading “Other Conditions Negotiated
by the Parties.”
3. At the expiration of the period of probation, if PETER T. BROWN has complied with all
conditions of probation, the period of stayed suspension will be satisfied and that suspension
will be terminated.
PETER T. BROWN must also take and pass the Multistate Professional Responsibility
Examination within one year after the effective date of this order and provide satisfactory proof of
such passage to the State Bar’s Office of Probation in Los Angeles within the same period.
Failure to do so may result in suspension. (Cal. Rules of Court, rule 9.10(b).)
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. One half of the costs must be paid with his membership fees for each
of the years 2017, 2018, and 2019. If PETER T. BROWN fails to pay any installment as
described above, or as may be modified by the State Bar Court, the remaining balance is due and
payable immediately.
The petition for rehearing filed on May 16, 2016, is denied as moot.
Corrigan, J., was absent and did not participate.