supreme court minutes wednesday, september 16

1489

SUPREME COURT MINUTES

WEDNESDAY, SEPTEMBER 16, 2015

SAN FRANCISCO, CALIFORNIA

S004605 PEOPLE v. STANLEY

(GERALD FRANK)

Supplemental briefing ordered

It has come to the court’s attention that on September 30, 2011, the superior court, pursuant to an

order of the United States District Court of the Eastern District of California granting partial

habeas corpus relief, issued an order concluding a retrospective competency hearing and finding

that Appellant Stanley was mentally competent at the time of the penalty phase of his 1983

murder trial. In these circumstances, it appears that a new automatic appeal should be initiated,

limited to issues regarding the retrospective competency proceedings and the superior court’s

determination. (See People v. Lightsey (2012) 54 Cal.4th 668; People v. Lightsey, S226760.)

Appellant’s appointed counsel in this court, Frank Hagie, Jr., the Attorney General, and Attorney

Joseph Schlesinger are directed to serve and file, within 21 days of this order, simultaneous letter

briefs addressing whether an automatic appeal should be initiated. Attorneys Hagie and

Schlesinger may file a joint letter brief if they choose to do so. Responses may be served and

filed within 14 days after the date of filing of the letter briefs. The court will defer consideration

of the “Request for Leave to File a Petition for Writ of Habeas Corpus in Excess of 14,000

Words,” filed on July 2, 2015, by Attorney Schlesinger, seeking to file a petition on appellant’s

behalf challenging the retrospective competency proceeding, pending the court’s determination of

whether an automatic appeal should be initiated. Should the court determine that an automatic

appeal is mandated, Attorney Schlesinger may then seek leave of the court to withdraw, without

prejudice to Appellant Stanley, his request to file the overlength petition.

S220187 C074264 Third Appellate District IN RE ABBIGAIL A.

Supplemental briefing ordered

The court invites the United States to serve and file an amicus curiae brief in this case on the

question whether rules 5.482(c) and 5.484(c)(2) of the California Rules of Court are preempted to

the extent those rules purport to require California courts to apply the Indian Child Welfare Act

(25 U.S.C. § 1901 et seq.) (ICWA) in child custody proceedings involving a minor who is not an

“Indian child” as defined in ICWA. (See 25 U.S.C. § 1903(4); cf. id., §§ 1902 & 1921.) The

court requests the brief be filed by October 16, 2015, or any later date specified in a subsequent

order granting a request by the United States for an extension of time. The parties may serve and

file answer briefs no more than 20 days after the United States’ amicus curiae brief is filed.

SAN FRANCISCO SEPTEMBER 16, 2015 1490

S227876 E061030/E061704 Fourth Appellate District, Div. 2 CASTRO (ROBERT J.) v.

INDYMAC INDX

MORTGAGE LOAN TRUST

2005-AR21

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

Yvanova v. New Century mortgage Corp., S218973 (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.

S228352 H040617 Sixth Appellate District PEOPLE v. MARTIN

(LAWRENCE)


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.


S228402 H040337 Sixth Appellate District PEOPLE v. LANDRY

(ERNEST)






order of the court.



S228478 B254802 Second Appellate District, Div. 4 PEOPLE v. FINNEY

(MICHAEL M.)






order of the court.


S227496 HARRIS (SHELBI) v. S.C.

(PEOPLE)

Petition for writ of mandate/prohibition denied

S227550 G050924 Fourth Appellate District, Div. 3 PEOPLE v. MAMMOTH

(MICHAEL)

Petition for review denied

S227551 B264645 Second Appellate District, Div. 4 ROMERO (YASKI RAMIREZ)

ON H.C.


S227562 B254039 Second Appellate District, Div. 5 PEOPLE v. GOMEZ

(CHRISTIAN)


S227650 H042121 Sixth Appellate District VIGIL, JR., (WILLIE PAUL)

ON H.C.


S227652 D064241 Fourth Appellate District, Div. 1 HARLEY-DAVIDSON, INC. v.

FRANCHISE TAX BOARD



S227676 E059713 Fourth Appellate District, Div. 2 PEOPLE v. NORIEGA

(ARTURO MENDEZ)


S227681 C076343 Third Appellate District BRENTWOOD, CITY OF v.

CAMPBELL (ROBERT R.)/

(COHEN)


S227735 B248355/B253264 Second Appellate District, Div. 1 LLANOS (BEATRIZ) v. BANK

OF AMERICA

CORPORATION


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

S227757 B254298 Second Appellate District, Div. 2 MIRA OVERSEAS

CONSULTING LTD. v. MUSE

FAMILY ENTERPRISES,

LTD. (SILVA)


S227765 B263604 Second Appellate District, Div. 3 GUMERO (RICARDO) ON

H.C.


S227782 RATEPAYERS OF LAKE

ALPINE WATER COMPANY

v. CALIFORNIA PUBLIC

UTILITIES COMPANY

(ASPEN FORREST

INVESTMENT COMPANY)

The petition for writ of review is denied.

S227820 D068348 Fourth Appellate District, Div. 1 R.W.L. ENTERPRISES v. S.C.

(OLD CASTLE, INC.)



S227830 G051777 Fourth Appellate District, Div. 3 GARCIA (PORFIRIO) ON

H.C.


S227833 B244162 Second Appellate District, Div. 3 PEOPLE v. BYRD (LOUIS)

Petitions for review denied

S227873 F067401 Fifth Appellate District PEOPLE v. SLAUGHTER

(LAWRENCE)


S227882 F068205 Fifth Appellate District PEOPLE v. MORALES

(NARCISO TORRES)


S227923 A140740 First Appellate District, Div. 3 PEOPLE v. MANKINI (RICKY

PATRICK)


S227951 C076480 Third Appellate District PEOPLE v. McLISH (EFFRIM

E.)


S227953 C073267 Third Appellate District PEOPLE v. SEAY (HAKEEM)


S227957 B264544 Second Appellate District, Div. 5 KURWA (BADRUDIN) v. S.C.

(KISLINGER)


The request for judicial notice is granted.

S227968 B252493 Second Appellate District, Div. 1 PEOPLE v. SCHUMANN

(JASON)



S227988 A138401/A143741 First Appellate District, Div. 3 PEOPLE v. CHANDRA

(AARON)


S228010 E060044 Fourth Appellate District, Div. 2 PEOPLE v. VENTURA

(PEDRO SALVADOR)


S228013 H040703 Sixth Appellate District PEOPLE v. MORRIS (WAYNE

EVAN)


S228021 D067449 Fourth Appellate District, Div. 1 PEOPLE v. ABAD (RUBEN)


S228075 B254406 Second Appellate District, Div. 2 PEOPLE v. YUN (CHONG)


S228086 D065403 Fourth Appellate District, Div. 1 PEOPLE v. JACKSON (ERIC)


S228088 A139432 First Appellate District, Div. 4 T & A DROLAPAS & SONS

LP v. SAN FRANCISCO

RESIDENTIAL RENT

STABILIZATION &

ARBITRATION BOARD

(BORJAS)


S228100 D065585 Fourth Appellate District, Div. 1 PEOPLE v. GREENSPAN

(HOWARD MAURICE)



S228113 A140459 First Appellate District, Div. 1 PEOPLE v. CRUMP (STEVEN

R.)


The request for abandonment and dismissal of the petition for review is denied. The petition for

review is denied.

S228139 C071676 Third Appellate District PEOPLE v. NEAVES

(LORENZO EDWARDO)


S228147 B265146 Second Appellate District, Div. 2 ASH (KEITH) ON H.C.


S228148 F067098 Fifth Appellate District PEOPLE v. GONZALES

(SHAWN PATRICK)


S228168 C079375 Third Appellate District T. (F.) v. S.C. (SACRAMENTO

COUNTY DEPARTMENT OF

HEALTH & HUMAN

SERVICES)

Petition for review & application for stay denied

S228197 C076643 Third Appellate District PEOPLE v. SIMS, JR.,

(CHARLIE ANTHONY)


S228204 B253607 Second Appellate District, Div. 3 PEOPLE v. SOTO (CARLOS)


S228224 D067077 Fourth Appellate District, Div. 1 PEOPLE v. KEATING

(SHERIDAN LOUIS)



S228346 B255566 Second Appellate District, Div. 4 PEOPLE v. GARCIA

(MANUEL)


S228368 B256148 Second Appellate District, Div. 6 PEOPLE v. RAOULT

(JEREMY EVAN)


S228376 A140045 First Appellate District, Div. 3 PEOPLE v. WALLIS

(NATHAN TIMOTHY)


S228394 A140044 First Appellate District, Div. 1 PEOPLE v. WATSON

(MICHAEL ANTHONY)


S228398 A145542 First Appellate District, Div. 1 WALKER (CEDRIC) ON H.C.


S228403 A145593 First Appellate District, Div. 3 FREDERICKS (ALAN) ON

H.C.


S228405 F067670 Fifth Appellate District PEOPLE v. AGUIRRE

(CHRISTOPHER DOMINGO)


S228411 G050882 Fourth Appellate District, Div. 3 PEOPLE v. JACKSON, JR.,

(ELBERT)


S228413 B255903 Second Appellate District, Div. 8 PEOPLE v. DIXON (JEFFERY

LEE)



S228414 F071932 Fifth Appellate District AGUILAR (ROBERT) ON

H.C.


S228415 C079807 Third Appellate District MILES (DEANDRE D.) v. S.C.

(PEOPLE)


S228420 A145707 First Appellate District, Div. 5 MALONE (EDWARD T.) ON

H.C.


S228421 H040370 Sixth Appellate District VERHOEVEN (CARMEN) v.

HSU (JAMES)


S228422 E064040 Fourth Appellate District, Div. 2 MARICH (MICHAEL) ON

H.C.


S228424 E063939 Fourth Appellate District, Div. 2 GARRETT (JAMES C.) ON

H.C.


S228427 B265412 Second Appellate District, Div. 2 HUH (JOHN) v. S.C. (WOO)


S228428 B265579 Second Appellate District, Div. 5 BORHAN (PAYMAN) v. S.C.

(PEOPLE)


S228435 C076534 Third Appellate District PEOPLE v. MILWARD

(GEORGE ANTHONY)



S228437 A137520 First Appellate District, Div. 4 PINELA (JUAN CARLOS) v.

NEIMAN MARCUS GROUP


S228440 C075293 Third Appellate District PEOPLE v. GRIFFIN

(BRANDON DANIEL)


S228443 A141549 First Appellate District, Div. 4 PEOPLE v. GREEN (CEDRIC

TYRONE)


S228460 A140969 First Appellate District, Div. 5 PEOPLE v. BURT (DUSTIN

MICHAEL)


S228462 B265599 Second Appellate District, Div. 1 BRANDSRUD (NICK) v. S.C.

(PEOPLE)


S228467 E061334 Fourth Appellate District, Div. 2 PEOPLE v. DAVID (JACOB

GEORGE)


S228470 A145751 First Appellate District, Div. 3 JENKINS (JEREMY) ON H.C.


S228473 BUTLER (CHRISTOPHER S.)

v. COURT OF APPEAL,

FOURTH APPELLATE

DISTRICT, DIVISION ONE

(PEOPLE)



S228475 SAMAD (ALAMIN) v. COURT

OF APPEAL, THIRD

APPELLATE DISTRICT

(PEOPLE)


S228476 PHILLIPS (RICHARD LOUIS

ARNOLD) v. S.C. (MADERA

COUNTY DEPARTMENT OF

CORRECTIONS &

REHABILITATION)

Petition for writ of certiorari & application for stay denied

S228506 B253437 Second Appellate District, Div. 3 IN RE VALENTIN R.


S228515 B257539 Second Appellate District, Div. 8 PEOPLE v. HUDSON (TREVIS

LEE)


S228528 B257164 Second Appellate District, Div. 7 PEOPLE v. AMAYA (VICTOR

ENRIQUE)


S228545 E064082 Fourth Appellate District, Div. 2 SKANDS (CAROL) v. S.C.

(LLEWELLYN III)


S228677 B265934 Second Appellate District, Div. 6 VAUGHEN (CHRISTINE

MICHELLE) v. S.C. (PEOPLE)


S228813 H042572 Sixth Appellate District SINGH (KARAMJIT) v. S.C.

(STANFORD HOSPITAL)

Petition for review & application for stay denied


S229169 MNYANDU (PAMELA) v. S.C.

(LOS ANGELES COUNTY

SHERIFF’S DEPARTMENT)

Petition for writ of mandate/prohibition & application for stay denied

S222565 ACINELLI, JR., (SAMUEL

ANTHONY) ON H.C.

Petition for writ of habeas corpus denied

S224087 GRAY (DAVID E.) ON H.C.


S224665 COWAINS (ADRON

CONSAHUNDRI) ON H.C.


S224930 OWENS (STEVEN L.) ON H.C.


S225069 PHINNEY (RICHARD) ON

H.C.


S226576 NGUYEN (DUNG TRI) ON

H.C.

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

In re Dixon (1953) 41 Cal.2d 756, 759.)

S226597 HUDSON, JR., (ARCHER B.)

ON H.C.

The petition for writ of habeas corpus is denied. (See People v. Villa (2009) 45 Cal.4th 1063,

1070-1071.)

S226806 RAMIREZ (EDY) ON H.C.



S226835 JOSEPH (ALONZO) ON H.C.


S226866 ALMEIDA (CARLOS) ON

H.C.


S226874 HALL (TIMOTHY) 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.)

S226909 LANNING (MICHAEL) ON

H.C.

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

925-926.)

S226910 BODDIE (RODERICK) ON

H.C.


S226926 ESCALANTE (ANGEL) ON

H.C.


S226930 ALVARES (ENRIQUE

ORTEGA) ON H.C.


S226933 MARTINEZ (FRANCISCO

XAVIER) ON H.C.



S226939 J’WEIAL (XAVIER LUMAR)

ON H.C.


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

S226942 PERRYMAN (RICHARD LEE)

ON H.C.


S226943 PERRYMAN (RICHARD LEE)

ON H.C.


S226949 FIELDS (BRODERICK R.) ON

H.C.

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

In re Dexter (1979) 25 Cal.3d 921, 925-926; In re Miller (1941) 17 Cal.2d 734, 735.)

S227026 CAMPBELL (KIRK

EDWARD) ON H.C.


S227042 ATENCO (ALEXIS) ON H.C.


S227046 WOOTEN (ISAIAH ISAAC)

ON H.C


S227092 ROBERSON (DANTE R.) 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.)


S227130 DUGGER (PHILIP GRAHAM)

ON H.C.

The petition for writ of habeas corpus is denied. (See In re Swain (1949) 34 Cal.2d 300, 304.)

S227137 MURPHY (MICHAEL) ON

H.C.


S227138 SAGASTA (MARIO) ON H.C.




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

S227145 BERRY (GEORGE) ON H.C.

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

S227149 WALLACE (JERMAINE

DEVONNE) ON H.C.


S227151 FULTON (MICHAEL D.) ON

H.C.


S227185 SIMMONS, JR., (MELVIN)

ON H.C.


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

S227901 PARKS (STEVEN DEAN) ON

H.C.





S228334 BAKER (LECHAUN DWYAN)

ON H.C.


S228479 VENEGAS (SALVADOR) ON

H.C.

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

925-926.)

S227966 BROWN (KEITH A.) ON H.C.

Order: (dispositive)

Petitioner’s “Motion to File Petition for Habeas Corpus Under Seal, Sealing the Record

Accompanied by Memorandum,” filed on July 20, 2015, is denied. (Cal. Rules of Court, rules

2.550, 2.551, and 8.46.) The clerk of this court is directed to return the “Petition for Writ of

Habeas Corpus Accompanied by Memorandum Points and Authorities with Exhibits,” and

“Exhibit A,” lodged conditionally under seal in this court on July 20, 2015, to petitioner, unless

petitioner notifies the court in writing within 10 days after the date of this order that the petition

and the lodged exhibits are to be filed as part of the public record. (See Cal. Rules of Court, rule

8.46(d)(7).)

S227634 B256826 Second Appellate District, Div. 8 IN RE D.R.

Publication request denied (case closed)

S227776 B257882/B257892 Second Appellate District, Div. 8 LIRA (CARLOS) v. NICK

PACHECO LAW GROUP,

APC


S228164 B252343 Second Appellate District, Div. 1 SAUL BRANDMAN

FOUNDATION, IN RE



S228356 PEOPLE v. AMEND

(MICHAEL JOHN)


S228465 B249505 Second Appellate District, Div. 1 MUNOZ (CORINA) v.

CHIPOTLE MEXICAN

GRILL, INC.

Depublication requests denied (case closed)

S227669 B251303 Second Appellate District, Div. 7 PEOPLE v. GOMEZ (JOVANI)

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

October 23, 2015.

S227771 B251643 Second Appellate District, Div. 7 HAMBRICK (COREY) v.

HEALTHCARE PARTNERS

MEDICAL GROUP, INC.


October 26, 2015.

S227887 C074781 Third Appellate District PEOPLE v. MESINAS

(CARLOS GUADALUPE)


October 23, 2015.

S228070 B257558 Second Appellate District, Div. 8 HMA, INC. v. GEMINI

ALUMINUM CORPORATION


October 23, 2015.

S228087 B252566 Second Appellate District, Div. 4 SHERMAN (MICHAEL) v.

HENNESSY INDUSTRIES,

INC.


October 23, 2015.


S228157 B251182 Second Appellate District, Div. 3 FALK (MICHELLE) v.

CHILDREN’S HOSPITAL

LOS ANGELES


October 28, 2015.

S228165 B265202 Second Appellate District, Div. 1 HALL (NICK) v. S.C.

(PEOPLE)


October 28, 2015.

S228167 B256029 Second Appellate District, Div. 3 WILLIAMS (EDWARD

CHARLES) ON H.C.


October 28, 2015.

S228176 B251469 Second Appellate District, Div. 6 PEOPLE v. SOKAU

(RICHARD)


October 29, 2015.

S228181 H037884 Sixth Appellate District EPIC COMMUNICATIONS,

INC. v. RICHWAVE

TECHNOLOGY, INC.


October 29, 2015.

S111336 BENAVIDES FIGUEROA

(VICENTE) ON H.C.

Extension of time granted

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

traverse to return to order to show cause is extended to November 13, 2015.


S118384 PEOPLE v. MELENDEZ

(ANGELO MICHAEL)


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

for extension of time is granted.

Good cause appearing, and based upon counsel Saor E. Stetler’s representation that the

appellant’s reply brief is anticipated to be filed by November 3, 2015, counsel’s request for an

extension of time in which to file that brief is granted to November 3, 2015. After that date, no

further extension will be granted. Counsel is ordered to inform his assisting attorney or entity of

this schedule and to take all steps necessary to meet it.

S149039 PEOPLE v. AGUAYO

(JOSEPH MORENO)


Good cause appearing, and based upon counsel Pamala Sayasane’s representation that the

appellant’s reply brief is anticipated to be filed by January 29, 2016, counsel’s request for an

extension of time in which to file that brief is granted to November 13, 2015. After that date, only

two further extensions totaling about 78 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).)

S152269 PEOPLE v. LUTHER

(JOHNATHAN ROSS)


Good cause appearing, and based upon counsel Ronald S. Smith’s representation that the

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

extension of time in which to file that brief is granted to November 20, 2015. After that date, only

four further extensions totaling about 207 additional days are contemplated.



S172750 PEOPLE v. KENNEDY (JOHN

FITZGERALD)


Good cause appearing, and based upon Deputy Attorney General Theodore M. Cropley’s

representation that the respondent’s brief is anticipated to be filed by May 17, 2016, counsel’s

request for an extension of time in which to file that brief is granted to November 17, 2015. After

that date, only three further extensions totaling about 180 additional days are contemplated.




S173784 PEOPLE v. OYLER

(RAYMOND LEE)


Good cause appearing, and based upon counsel Michael W. Clough’s representation that the

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

extension of time in which to file that brief is granted to December 7, 2015. After that date, only

one further extension totaling about 27 additional days is contemplated.



S182278 PEOPLE v. NELSON (TANYA

JAIME)



appellant’s opening brief is extended to November 9, 2015.

S188067 PEOPLE v. WHITESIDE

(GREGORY C.)




S189296 PEOPLE v. PANIAGUA, JR.,

(RODRIGO ORTIZ)




S191346 PEOPLE v. BERNOUDY

(KEVIN)





S221693 ZAMBRANO (ENRIQUE) ON

H.C.


Good cause appearing, and based upon Assistant Federal Defender Deborah Anne Czuba’s

representation that the reply to the informal response to the petition for writ of habeas corpus is

anticipated to be filed by November 19, 2015, counsel’s request for an extension of time in which

to file that document is granted to November 19, 2015. After that date, no further extension is

contemplated.

S222732 B249546 Second Appellate District, Div. 7 DYNAMEX OPERATIONS

WEST, INC. v. S.C. (LEE)


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

the reply brief on the merits is extended to October 14, 2015.

S225205 G048039 Fourth Appellate District, Div. 3 GERARD (JAZMINA) v.

ORANGE COAST

MEMORIAL MEDICAL

CENTER



the answer brief on the merits is extended to October 19, 2015.

S227632 GRADILLAS (LILLIAN) v.

LINCOLN GENERAL

INSURANCE COMPANY

Application to appear as counsel pro hac vice granted

The application of Edward F. Ruberry for admission pro hac vice to appear on behalf of appellant

is hereby granted. (See Cal. Rules of Court, rule 9.40.)


LINCOLN GENERAL

INSURANCE COMPANY


The application of Ellen D. Jenkins for admission pro hac vice to appear on behalf of appellant is

hereby granted. (See Cal. Rules of Court, rule 9.40.)



LINCOLN GENERAL

INSURANCE COMPANY


The application of David S. Allen for admission pro hac vice to appear on behalf of appellant is

hereby granted. (See Cal. Rules of Court, rule 9.40.)

S224408 PEOPLE v. RAMIREZ

(RICHARD RAYMOND)

Counsel appointment order filed

Upon request of appellant for appointment of counsel, Barry L. Morris is hereby appointed to

represent appellant Richard Raymond Ramirez for the direct appeal in the above automatic appeal

now pending in this court.

S195127 BEAMES (JOHN MICHAEL)

ON H.C.

Motion for access to sealed record denied

Respondent’s “Motion for Access to Sealed Penal Code Section 987.9 Materials Filed in Case

Number S050455 for use in the Pending Federal Habeas Proceeding,” filed on August 21, 2015, is

denied because the appellate record does not contain any such materials.

S117489 PEOPLE v. WINBUSH

(GRAYLAND)

Order filed

The Clerk is directed to file the “Appellant’s Supplemental Brief,” received on September 10,

2015. Because this is not a supplemental brief authorized by rules 8.630(d) and 8.520(d) of the

California Rules of Court, appellant’s “Application for Permission to File Supplemental Brief

Exceeding 2,800 Words,” filed on September 10, 2015, is denied as unnecessary.

Respondent is directed to serve and file a supplemental respondent's brief no later than 30 days

from the date of this order. Any appellant’s reply brief must be served and filed no later than 30

days after the date respondent’s supplemental brief is filed.

S161909 PEOPLE v. SHOVE

(THEODORE CHURCHILL)

Order filed

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

submissions received on September 15, 2014, September 30, 2014, October 10, 2014, October 24,

2014, December 8, 2014, April 1, 2015, and August 21, 2015. (In re Barnett (2003) 31 Cal.4th

466.)


S141320 ROBINSON, JR., (JAMES) ON

H.C.

Referee appointed

Based on the record in this matter and good cause appearing:

The Honorable William C. Ryan, Judge of the Superior Court of California, County of Los

Angeles, is appointed to serve as a referee in this proceeding. He will take evidence and make

findings of fact on the following questions regarding the case of People v. James Robinson, Jr.

(Superior Court of California, County of Los Angeles No. PA007095, Judge Ronald S. Coen):

1) During the guilt phase deliberations, did any jurors discuss the possible sentences petitioner

faced if he were convicted? If such discussions occurred, which jurors participated in the

discussions, and what was the extent and context of any discussion about the possible

sentences?

2) Assuming for the purposes of answering the following question that Evidence Code section

1150 does not apply, during guilt phase deliberations did any jurors agree to vote to convict

petitioner of the charged crimes in exchange for voting against a death verdict during the

penalty phase?

3) Assuming for the purposes of answering the following question that Evidence Code section

1150 does not apply, was Juror Nancy Gronewold biased against petitioner due to his race?

4) If Juror Nancy Gronewold was biased against petitioner due to his race, did she fail to

disclose her bias on her juror questionnaire and during voir dire at petitioner's trial? If she

did, was the nondisclosure intentional and deliberate?

It is further ordered that the referee prepare and submit to this court a report of the proceedings

conducted pursuant to this appointment, of the evidence adduced, and the findings of fact made.

Petitioner’s “Motion for Discovery,” filed in this court on March 13, 2015, is referred to the

referee for disposition. All future requests for discovery in this matter must be addressed to the

referee.

If petitioner believes additional funds are required for investigator or expert services, he should

apply in the first instance to the referee. The referee is instructed to consider the investigation

petitioner has already undertaken and to decide - bearing in mind that any further investigation

must be pertinent to the questions this court has posed in this order, and considering what is

normally paid for comparable investigation pretrial - whether petitioner reasonably needs

additional funds to prepare for and conduct the evidentiary hearing, and if so, how much. The

referee will then make a recommendation concerning any further funding to this court, which will

make the final decision.

S228430 ACCUSATION OF

ARELLANO

Petition denied (accusation)

S228432 ACCUSATION OF WONG



S228468 ACCUSATION OF KAGAN


S226796 ACCUSATION OF AVALOS

Remanded to State Bar

The above-entitled matter is returned to the State Bar for further consideration of the complaint

against the attorney and the basis for the decision not to reopen the complaint, in light of the

seriousness of the allegations and the findings of the United States District Court for the Central

District of California in its March 9, 2015, Order Vacating November 2012 Judgment Pursuant to

Fed. R. Civ. P. 60(b), in Case No. EDCV 10-01121-JAK (DTB).

S226992 ZIMMERMAN ON

DISCIPLINE

Recommended discipline imposed: disbarred

The court orders that HARRY WILLARD ZIMMERMAN, State Bar Number 166422, is

disbarred from the practice of law in California and that his name is stricken from the roll of

attorneys.

HARRY WILLARD ZIMMERMAN must also 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.

S227047 Van SICKLE ON DISCIPLINE

Recommended discipline imposed

The court orders that BARRY L. Van SICKLE, State Bar Number 98645, is suspended from the

practice of law in California for two years, execution of that period of suspension is stayed, and he

is placed on probation for two years subject to the following conditions:

1. BARRY L. Van SICKLE is suspended from the practice of law for a minimum of the first 90

days of probation and he will remain suspended until the following conditions are satisfied:

i. BARRY L. Van SICKLE must satisfy the judgment entered on August 8, 2013 in In re

Sandra Lynn Concetti, (U.S. Bankruptcy Court, N.D.Cal.), case no. 13-30705-HLB,

and provide satisfactory proof thereof to the State Bar Office of Probation.

ii. If he remains suspended for two years or more as a result of not satisfying the preceding

condition, he must provide proof to the State Bar Court of his rehabilitation, fitness to

practice and learning and ability in the general law. (Rules Proc. of State Bar, tit. IV,

Stds. for Atty. Sanctions for Prof. Misconduct, std. 1.2(c)(1).)


2. BARRY L. Van SICKLE must comply with the other conditions of probation recommended

by the Hearing Department of the State Bar Court in its Decision filed on March 24, 2015;

and

3. At the expiration of the period of probation, if BARRY L. Van SICKLE has complied with

all conditions of probation, the period of stayed suspension will be satisfied and that

suspension will be terminated.

BARRY L. Van SICKLE must also 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. Failure to do so may result in disbarment or

suspension.




S227048 SANTOS ON DISCIPLINE


The court orders that PATRICK THOMAS SANTOS, State Bar Number 265982, 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 two years subject to the following conditions:

1. PATRICK THOMAS SANTOS must comply with the conditions of probation recommended

by the Hearing Department of the State Bar Court in its Order Approving Stipulation filed on

April 13, 2015; and

2. At the expiration of the period of probation, if PATRICK THOMAS SANTOS has complied

with the terms of probation, the one-year period of stayed suspension will be satisfied and

that suspension will be terminated.



and as a money judgment. One-half of the costs must be paid with his membership fees for each

of the years 2016 and 2017. If PATRICK THOMAS SANTOS 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.

S227049 TUSTANIWSKY ON

DISCIPLINE


The court orders that OLEH R. TUSTANIWSKY, State Bar Number 123975, is suspended from

the practice of law in California for four years, execution of that period of suspension is stayed,

and he is placed on probation for four years subject to the following conditions:


1. OLEH R. TUSTANIWSKY is suspended from the practice of law for a minimum of the first

two years of probation, and he will remain suspended until he provides proof to the State Bar

Court of his rehabilitation, fitness to practice and learning and ability in the general law.

(Rules Proc. of State Bar, tit. IV, Stds. for Atty. Sanctions for Prof. Misconduct, std.

1.2(c)(1).)

2. OLEH R. TUSTANIWSKY must also comply with the other conditions of probation

recommended by the Hearing Department of the State Bar Court in its Order Approving

Stipulation filed on April 10, 2015.

3. At the expiration of the period of probation, if OLEH R. TUSTANIWSKY has complied

with all conditions of probation, the period of stayed suspension will be satisfied and that


OLEH R. TUSTANIWSKY must also take and pass the Multistate Professional Responsibility

Examination during the period of his suspension 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).)

OLEH R. TUSTANIWSKY must also comply with California Rules of Court, rule 9.20, and



suspension.




S227069 ESCAMILLA ON

DISCIPLINE


The court orders that MYAVA R. ESCAMILLA, State Bar Number 268834, is disbarred from the

practice of law in California and that her name is stricken from the roll of attorneys.

MYAVA R. ESCAMILLA must make restitution to the following payees:

(1) Mario Pineda in the amount of $780.60 plus 10 percent interest per year from August 9,

2013;

(2) Mario Pineda in the amount of $10,713.35 plus 10 percent interest per year from

October 17, 2013.

Any restitution owed to the Client Security Fund is enforceable as provided in Business and

Professions Code section 6140.5, subdivisions (c) and (d).

MYAVA R. ESCAMILLA must also comply with California Rules of Court, rule 9.20, and


respectively, after the effective date of this order.





S227070 CHAE ON DISCIPLINE


The court orders that RICHARD CHAE, State Bar Number 224610, is summarily disbarred from

the practice of law and that his name is stricken from the roll of attorneys.

RICHARD CHAE must also 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.




S227071 ESTES ON DISCIPLINE


The court orders that MARK DOUGLAS ESTES, State Bar Number 110518, is disbarred from

the practice of law in California and that his name is stricken from the roll of attorneys.

MARK DOUGLAS ESTES must also comply with California Rules of Court, rule 9.20, and






S227072 MA ON DISCIPLINE


The court orders that LAWRENCE TANG MA, State Bar Number 265868, is suspended from the

practice of law in California for three years, execution of that period of suspension is stayed, and

he is placed on probation for three years subject to the following conditions:

1. LAWRENCE TANG MA, is suspended from the practice of law for a minimum of three

years of probation (with credit given for the period of interim suspension which commenced

on July 12, 2013), and he will remain suspended until he provides proof to the State Bar

Court of his rehabilitation, fitness to practice and learning and ability in the general law.

(Rules Proc. of State Bar, tit. IV, Stds. for Atty. Sanctions for Prof. Misconduct, std.

1.2(c)(1).)

2. LAWRENCE TANG MA, must also comply with the other conditions of probation


Stipulation filed on April 13, 2015.

3. At the expiration of the period of probation, if LAWRENCE TANG MA, has complied with

all conditions of probation, the period of stayed suspension will be satisfied and that



LAWRENCE TANG MA, must also take and pass the Multistate Professional Responsibility

Examination during the period of his suspension 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


LAWRENCE TANG MA, must also comply with California Rules of Court, rule 9.20, and



suspension.



and as a money judgment. One half of the costs must be paid with his membership fees for each

of the years 2016 and 2017. If LAWRENCE TANG MA, fails to pay any installment as



S227073 KASSAM ON DISCIPLINE


The court orders that STEVEN KASSAM, State Bar Number 224739, 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. STEVEN KASSAM must comply with the conditions of probation recommended by the

Hearing Department of the State Bar Court in its Order Approving Stipulation filed on

April 8, 2015; and

2. At the expiration of the period of probation, if STEVEN KASSAM has complied with the

terms of probation, the one-year period of stayed suspension will be satisfied and that


STEVEN KASSAM 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 within the same period. Failure to do so may





of the years 2016 and 2017. If STEVEN KASSAM 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.


S227187 KECK ON DISCIPLINE


The court orders that MICHAEL SCOTT KECK, State Bar Number 124536, is disbarred from the

practice of law in California and that his name is stricken from the roll of attorneys.

MICHAEL SCOTT KECK must also comply with California Rules of Court, rule 9.20, and






S227188 LAREYBI ON DISCIPLINE


The court orders that ALI LAREYBI, State Bar Number 185732, is disbarred from the practice of

law in California and that his name is stricken from the roll of attorneys.

ALI LAREYBI must also 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.




S227307 BROWN ON DISCIPLINE


The court orders that GORDON DEAN BROWN, State Bar Number 171745, 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 two years subject to the following conditions:

1. GORDON DEAN BROWN is suspended from the practice of law for the first six months of

probation;

2. GORDON DEAN BROWN must comply with the other conditions of probation


Stipulation filed on April 24, 2015; and

3. At the expiration of the period of probation, if GORDON DEAN BROWN has complied

with all conditions of probation, the period of stayed suspension will be satisfied and that



GORDON DEAN BROWN must also comply with California Rules of Court, rule 9.20, and



suspension.




of the years 2016 and 2017. If GORDON DEAN BROWN fails to pay any installment as



S227309 LANE ON DISCIPLINE


The court orders that BRIAN ALAN LANE, State Bar Number 90302, 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. BRIAN ALAN LANE is suspended from the practice of law for the first 90 days of

probation;

2. BRIAN ALAN LANE 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

April 28, 2015; and

3. At the expiration of the period of probation, if BRIAN ALAN LANE has complied with all

conditions of probation, the period of stayed suspension will be satisfied and that suspension

will be terminated.

BRIAN ALAN LANE 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).)

BRIAN ALAN LANE must also 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,


suspension.




of the years 2016 and 2017. If BRIAN ALAN LANE 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.


S227311 KIM ON DISCIPLINE


The court orders that JOHN K. KIM, State Bar Number 183020, is disbarred from the practice of

law in California and that his name is stricken from the roll of attorneys.

JOHN K. KIM must make restitution to Shelly Saysomphane in the amount of $40,000 plus 10

percent interest per year from February 9, 2011. Any restitution owed to the Client Security Fund

is enforceable as provided in Business and Professions Code section 6140.5, subdivisions (c) and

(d).

JOHN K. KIM must also 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.




S227313 REGINA ON DISCIPLINE


The court orders that LESLEY ANNE REGINA, State Bar Number 209541, is disbarred from the

practice of law in California and that her name is stricken from the roll of attorneys.

LESLEY ANNE REGINA must make restitution to the following payees:

(1) Donald Livsey in the amount of $5,000 plus 10 percent interest per year from October 29,

2013;

(2) Annie Meza Kobashikawa in the amount of $4,259.75 plus 10 percent interest per year

from October 29, 2013; and

(3) David Conder in the amount of $900 plus 10 percent interest per year from October 29,

2013.

Any restitution owed to the Client Security Fund is enforceable as provided in Business and

Professions Code section 6140.5, subdivisions (c) and (d).

LESLEY ANNE REGINA must also comply with California Rules of Court, rule 9.20, and







S229187 LAVEN ON RESIGNATION

Voluntary resignation accepted

The court orders that the voluntary resignation of PETER JEFFREY LAVEN, State Bar Number

60250, as a member of the State Bar of California is accepted.

PETER JEFFREY LAVEN must also comply with rule 9.20 of the California Rules of Court and



S229188 BARTLETT ON

RESIGNATION


The court orders that the voluntary resignation of RICHARD JOSEPH BARTLETT, State Bar

Number 87840, as a member of the State Bar of California is accepted.

RICHARD JOSEPH BARTLETT must also comply with rule 9.20 of the California Rules of

Court 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.

S229189 BROWN ON RESIGNATION


The court orders that the voluntary resignation of KATHRYN LACHELT BROWN, State Bar


KATHRYN LACHELT BROWN must also comply with rule 9.20 of the California Rules of



S229190 COLE-CHU ON

RESIGNATION


The court orders that the voluntary resignation of LEELAND J. COLE-CHU, State Bar Number


LEELAND J. COLE-CHU must also comply with rule 9.20 of the California Rules of Court and




S229215 COULSON ON

RESIGNATION


The court orders that the voluntary resignation of TAMARA COULSON, State Bar Number


TAMARA COULSON must also comply with rule 9.20 of the California Rules of Court and



S229218 CRAYCROFT ON

RESIGNATION


The court orders that the voluntary resignation of MICHELE MARIE CRAYCROFT, State Bar


MICHELE MARIE CRAYCROFT must also comply with rule 9.20 of the California Rules of



S229220 CULBERTSON ON

RESIGNATION


The court orders that the voluntary resignation of RUSSELL DUANE CULBERTSON, State Bar


RUSSELL DUANE CULBERTSON must also comply with rule 9.20 of the California Rules of



S229221 DEMMING ON

RESIGNATION


The court orders that the voluntary resignation of MARK DEMMING, State Bar Number 226831,

as a member of the State Bar of California is accepted.

MARK DEMMING must also comply with rule 9.20 of the California Rules of Court and




S229225 STREETER ON

RESIGNATION


The court orders that the voluntary resignation of JEFFREY ALLAN STREETER, State Bar


JEFFREY ALLAN STREETER must also comply with rule 9.20 of the California Rules of Court



S229226 STUEBING ON

RESIGNATION


The court orders that the voluntary resignation of BRADLEY FORD STUEBING, State Bar


BRADLEY FORD STUEBING must also comply with rule 9.20 of the California Rules of Court



S229234 ZUCKERMAN ON

RESIGNATION


The court orders that the voluntary resignation of RICHARD STEPHAN ZUCKERMAN, State

Bar Number 91104, as a member of the State Bar of California is accepted.

RICHARD STEPHAN ZUCKERMAN must also comply with rule 9.20 of the California Rules

of Court and perform the acts specified in subdivisions (a) and (c) of that rule within 30 and 40


S229236 ZUSI ON RESIGNATION


The court orders that the voluntary resignation of DALE ALLYN ZUSI, State Bar Number


DALE ALLYN ZUSI must also comply with rule 9.20 of the California Rules of Court and




S229238 MILES ON RESIGNATION


The court orders that the voluntary resignation of CAROLYN J. MILES, State Bar Number


CAROLYN J. MILES must also comply with rule 9.20 of the California Rules of Court and



S229240 MITCHELL ON

RESIGNATION


The court orders that the voluntary resignation of COURTNEY LEE MITCHELL, State Bar


COURTNEY LEE MITCHELL must also comply with rule 9.20 of the California Rules of Court



S229241 PATE ON RESIGNATION


The court orders that the voluntary resignation of WILLIAM MICHAEL PATE, State Bar


WILLIAM MICHAEL PATE must also comply with rule 9.20 of the California Rules of Court



S229242 REID ON RESIGNATION


The court orders that the voluntary resignation of BONNIE SHEEHY REID, State Bar Number


BONNIE SHEEHY REID must also comply with rule 9.20 of the California Rules of Court and




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. 1,220)

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.)


SUPREME COURT OF CALIFORNIA

ORAL ARGUMENT CALENDAR

SAN FRANCISCO SESSION

OCTOBER 6 and 7, 2015

FIRST AMENDED

The following cases are placed upon the calendar of the Supreme Court for hearing at a Special

Student Outreach Session in the Ronald M. George State Office Complex, Milton Marks Auditorium,

Lower Level, 350 McAllister Street, San Francisco, California, on Tuesday morning, October 6, 2015.

TUESDAY, OCTOBER 6, 2015 — 9:00 A.M.

(1) S220289 Howard Jarvis Taxpayers Association et al. v.

Alex Padilla, as Secretary of State, etc.

(Legislature of the State of California, Real Party in Interest)

(2) S206587 Gillette Company et al. v. Franchise Tax Board

(Chin, J., not participating; Murray, Jr., J., assigned

justice pro tempore)

(3) S213132 Hampton (Randall Keith) et al. v. County of San Diego

The following cases are placed upon the calendar of the Supreme Court for hearing at its courtroom

in the Ronald M. George State Office Complex, 350 McAllister Street, Fourth Floor, San Francisco,

California, on Tuesday afternoon, October 6, and Wednesday 7, 2015.

TUESDAY, OCTOBER 6, 2015 — 2:00 P.M.

(4) S143743 People v. Mendoza (Huber Joel) [Automatic Appeal]

(5) S120583 People v. Cage (Micky Ray) [Automatic Appeal]

WEDNESDAY, OCTOBER 7, 2015 — 9:00 A.M.

(6) S213478 California Building Industry Association v. Bay Area Air

Quality Management District

(7) S216305 Quesada (Michelle) v. Herb Thyme Farms, Inc.

(8) S209643 People v. Stevens (Mark)

1:30 P.M.

(9) S115872 People v. Sandoval, Jr. (Ramon) [Automatic Appeal]

CANTIL-SAKAUYE

Chief Justice

If exhibits are to be transmitted to this court, counsel must apply to the court for permission. (See

Cal. Rules of Court, rule 8.224(c).)

supreme court minutes wednesday, september 16

Documents