SUPREME COURT MINUTES WEDNESDAY, JUNE 15, 2016 SAN

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


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



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.


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.



S233871 D069303/D069304 Fourth Appellate District, Div. 1 PEOPLE v. WARD (TRAVIS

ADAM)



and disposition of a related issue in People v. DeHoyos, S228230 (see Cal. Rules of Court, rule






S233944 G051386 Fourth Appellate District, Div. 3 PEOPLE v. BARTLETT

(ROBERT JAMES)



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.



S234320 B264877 Second Appellate District, Div. 6 PEOPLE v. STINE (TYE)



and disposition of a related issue in People v. Morales, S228030 (see Cal. Rules of Court, rule





S234418 B262733 Second Appellate District, Div. 8 PEOPLE v. MARTINEZ

(ABEL RUBEN)



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.



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.




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.



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).)



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).)



S233181 B260035 Second Appellate District, Div. 6 LOVE (LEE ANDRE) v.

CALIFORNIA HIGHWAY

PATROL

Petition for review denied



S233426 B262848 Second Appellate District, Div. 1 JONES (DARLA RAY) ON

H.C.



S233451 B263075 Second Appellate District, Div. 8 PEOPLE v. AGUILAR

(HENRY)



S233530 C078705 Third Appellate District ELLIS (JON VIRGIL) v.

COUNTY OF CALAVERAS



S233532 B259323 Second Appellate District, Div. 7 SU (JULIE) v. MONSOON

BLUE, INC.



S233578 H042054 Sixth Appellate District PEOPLE v. KILPATRICK

(SEAN-PAUL)



S233628 A147742 First Appellate District, Div. 3 NGUYEN (HUNG) ON H.C.



S233724 A144464 First Appellate District, Div. 5 ROYEE (SHAWEEN) v.

CASINO 580, LLC




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)



S233788 H043308 Sixth Appellate District LEDEE (LAWRENCE) ON

H.C.



S233811 C073202 Third Appellate District PEOPLE v. LEE (NATHAN

JOSEPH)



S233819 C068079/D068517 Third Appellate District PEOPLE v. HERNANDEZ

(ARMONDO)

Petitions for review denied


S233848 B262545 Second Appellate District, Div. 7 PIERCE (SAMUEL) v.

REGENTS OF THE

UNIVERSITY OF

CALIFORNIA



S233856 B266505 Second Appellate District, Div. 5 IN RE G.C.



S233873 D069377 Fourth Appellate District, Div. 1 IN RE L.A.




S233906 F067979 Fifth Appellate District PEOPLE v. CEJA (MARIA)



S233907 C077727 Third Appellate District PEOPLE v. MARTINEZ

(FELIX)



S233920 C078454 Third Appellate District PEOPLE v. STRAHORN

(DAVID NICHOLAS)



S233924 B271430 Second Appellate District, Div. 5 BUCKNER (KENNY

ANTWON) ON H.C.



S233926 C078527 Third Appellate District PEOPLE v. SPEARS (BRIAN

KEITH)



S233935 G051340 Fourth Appellate District, Div. 3 PEOPLE v. BARTLETT

(ROBERT JAMES)



S233947 C081513 Third Appellate District PEOPLE v. BREWER (JASON

M.)




S234066 C076449 Third Appellate District PEOPLE v. COOPER

(ANTHONY L.)



S234074 D070090 Fourth Appellate District, Div. 1 PEOPLE v. CLARK (BRENT)



S234089 H041594 Sixth Appellate District PEOPLE v. S.C. (HARRIS)



S234146 A142905 First Appellate District, Div. 1 PEOPLE v. WENKE (LAURA

JEAN)



S234166 C076777 Third Appellate District PEOPLE v. RENAUD

(TIMMY)



S234167 C076568 Third Appellate District WITTE (THOMAS) v. YOUNG

(CAROLYN M.)

Petition for review & publication request(s) denied


S234201 A147650 First Appellate District, Div. 1 NATIONWIDE BIWEEKLY

ADMINISTRATION INC. v.

S.C. (PEOPLE)




S234224 B259542 Second Appellate District, Div. 4 SEVIER (JULIA K.) v.

GHANNOUM (MOHAMMED)



S234230 B262766 Second Appellate District, Div. 4 DEMELLO (MARTIN) v.

LIONEL (EVAN)



S234231 H043120 Sixth Appellate District PEOPLE v. CASTILLO

(DAVID)



S234235 B271132 Second Appellate District, Div. 8 EVANS (KENNETH) ON H.C.



S234264 F071269/F071523 Fifth Appellate District IN RE R.H.



S234288 D067409 Fourth Appellate District, Div. 1 CAPECI (MICHAEL) v. CITY

OF IMPERIAL



S234299 E065771 Fourth Appellate District, Div. 2 GASPARD (AMERY) ON H.C.



S234323 D066632 Fourth Appellate District, Div. 1 ABBE (THOMAS) v. SAN

DIEGO CITY EMPLOYEES’

RETIREMENT SYSTEM




S234330 F070186 Fifth Appellate District PEOPLE v. BLAKELY

(LEWIS VERNARD)



S234350 B259576 Second Appellate District, Div. 1 PEOPLE v. GALVAN (JESSE

CANDELARI)



S234352 E064454 Fourth Appellate District, Div. 2 IN RE S.R.



S234353 G052112 Fourth Appellate District, Div. 3 PEOPLE v. RODRIGUEZ

(HECTOR ALEJANDRO)



S234363 D069069 Fourth Appellate District, Div. 1 PEOPLE v. ZANETTI

(ADRIAN ENRIQUE)



S234365 E062415 Fourth Appellate District, Div. 2 PEOPLE v. BAINES

(SAMUEL)



S234367 C081609 Third Appellate District SCOFIELD (SHARON) v. S.C.

(JOHAL)



S234368 G051277 Fourth Appellate District, Div. 3 IN RE V.G.




S234371 B262047 Second Appellate District, Div. 2 COMMERCIAL LOAN

SOLUTIONS III, LLC v. YU

(MICHAEL S.)



S234373 G053351 Fourth Appellate District, Div. 3 PEREZ (DAVID CLEMENTE)

v. S.C. (PEOPLE)



S234376 E065756 Fourth Appellate District, Div. 2 ABDULLAH (TYMR IBN) v.

S.C. (PEOPLE)



S234378 KING (KEVIN WILLIAM) v.

COUNTY OF LOS ANGELES



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.)


S234392 F069910 Fifth Appellate District PEOPLE v. BROWN

(EDWARD)



S234395 B271675 Second Appellate District, Div. 2 GONZALEZ (MATTHEW) ON

H.C.




S234397 D070083 Fourth Appellate District, Div. 1 GOMEZ (FELIPE) ON H.C.



S234399 B254673 Second Appellate District, Div. 3 PEOPLE v. REYNALDO (JIMI

HENDRIX)



S234400 A146834 First Appellate District, Div. 3 PEOPLE v. S.C. (KATZ)



S234401 E063003 Fourth Appellate District, Div. 2 PEOPLE v. BRADFORD

(KENNETH FRANK)



S234404 A144807 First Appellate District, Div. 3 FAGORALA (ADE O.) v.

NATIONSTAR MORTGAGE

LLC



S234407 D070179 Fourth Appellate District, Div. 1 DURAN, JR., (DAVID BARBA)

ON H.C.



S234413 H041827 Sixth Appellate District PEOPLE v. WARD

(MICHAEL WAYNE)




S234417 B251741 Second Appellate District, Div. 3 NESBITT (JOYCE) &

NESBITT (CAMERON) v.

REDDISH (LUGENIA)



S234420 D066678 Fourth Appellate District, Div. 1 BAIDYA (ANANTA) v. SAN

DIEGO CITY EMPLOYEES’

RETIREMENT SYSTEM



S234423 B256588 Second Appellate District, Div. 7 BAZAR (RENEE M.) &

SHORR (ALAN), MARRIAGE

OF



S234429 B263930 Second Appellate District, Div. 1 MUNIZ-ORTEGA

(ALFREDO) v. TATUNG

COMPANY OF AMERICA,

INC.



S234433 C071929 Third Appellate District PEOPLE v. GELLOCK

(EDWARD CHARLES)



S234446 H042548 Sixth Appellate District PEOPLE v. NELSON

(KAMARI JAMAAL)




S234452 D068142 Fourth Appellate District, Div. 1 PEOPLE v. THAMRACKSA

(MINA)


The request for judicial notice is granted.


S234454 E063246 Fourth Appellate District, Div. 2 PEOPLE v. FLORENCE

(BOBBY GENE)



S234455 D069286 Fourth Appellate District, Div. 1 PEOPLE v. MORALES

(MARLON ALBERTO)



S234456 A141688 First Appellate District, Div. 5 ADAMS (CHARLENE) v.

JORDAN (BETH)



S234459 A148046 First Appellate District, Div. 4 WOODS II (EARNEST

CASSELL) ON H.C.



S234460 G053366 Fourth Appellate District, Div. 3 JOINTER (MICHAEL

ANTHONY) v. S.C. (PEOPLE)



S234462 E064974 Fourth Appellate District, Div. 2 PEOPLE v. CABRAL

(ANTHONY)




S234464 B260622 Second Appellate District, Div. 2 PEOPLE v. CELIS (IZAEL C.)



S234465 B226776 Second Appellate District, Div. 8 PEOPLE v. THOMPSON

(DAMION)

Petitions for review denied


S234483 B263517 Second Appellate District, Div. 5 PEOPLE v. BURCIAGA

(MICHAEL)



S234484 F068966 Fifth Appellate District PEOPLE v. KUFFLER

(DAVID TIMOTHY)



S234492 D068756 Fourth Appellate District, Div. 1 PEOPLE v. HATFIELD

(RONALD)



S234509 C079000 Third Appellate District PEOPLE v. HERNANDEZ

(RONNIE)



S234510 E065858 Fourth Appellate District, Div. 2 CALLION (CHARLES

GREGORY) ON H.C.




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.


S234601 G045693 Fourth Appellate District, Div. 3 ESTATES AT MONARCH

COVE COMMUNITY

ASSOCIATION v. RODARTE

(MICHAEL)



S234817 D070331 Fourth Appellate District, Div. 1 MUNSTER (CRUZ JESUS) v.

S.C. (PEOPLE)

Petition for review & application for stay denied


S231070 JAY (LARRY) ON H.C.

Petition for writ of habeas corpus denied


S232559 HENRY (SHEDRICK L.) ON

H.C.



S233420 ALMEDA (KENNETH

DAVID) ON H.C.




S233422 RICHARDSON (MARQUISE)

ON H.C.



S233434 HERNANDEZ (JOSE

ALFREDO) ON H.C.



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.


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


S233666 LOPEZ (JOSHUA VINCE) ON

H.C.



S233668 ROWE (THEODORE

CURTIS) ON H.C.


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.)


S233693 ROBINSON, JR., (DONALD)

ON H.C.




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.)


S233713 INMAN (RONALD J.) ON H.C.


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


S233718 ANDERSON (DARRELL) ON

H.C.



S233722 ROSAS (FEDERICO) ON H.C.


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.)


S233919 HOLLIE (RODNEY D.) ON

H.C.


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


S233967 McCOY (DEWAYNE) ON H.C.



S234039 COLEMAN (MALCOLM) ON

H.C.




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.)


S234042 SCHIMMEL (JAYSON

MATHEAW) ON H.C.


In re Miller (1941) 17 Cal.2d 734, 735.)


S234046 HARRIS, JR., (TERRANCE L.)

ON H.C.


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.)


S234054 HAMPTON (JAMES EARL)

ON H.C.


In re Miller (1941) 17 Cal.2d 734, 735.)


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.)


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.)


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.)



S234061 SOTO (JOSE) ON H.C.



S234091 THYBERG (MICHAEL) ON

H.C.



S234092 SANCHES (SHANE R.) ON

H.C.


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


S234094 PORTER (SHAWN LEE) ON

H.C.



S234095 ESTRADA (VICENTE) ON

H.C.



S234115 GOINS (RICHARD) ON H.C.


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


S234152 SMITH (WILLIAM ALLEN)

ON H.C.




S234165 ROBINSON (ERIC MARK)

ON H.C.



S234172 NIKOLAYAN (EDWARD) ON

H.C.



S234197 JONES (CLEON NEAL) ON

H.C.


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


S234202 JORDAN (KENNETH

LAMART) ON H.C.



S234216 BANKSTON (LEWIS DALE)

ON H.C.



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.)


S234237 VELEZ, JR., (ROBERT) ON

H.C.


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



S234238 BOONE (VELTON LAMONT)

ON H.C.


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.)


S234239 EZELL, JR., (LEE) ON H.C.


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


S234241 BROWN (CLIFTON) ON H.C.



S234242 EDDOWES (JORDAN) ON

H.C.



S234383 LEWIS (THOMAS M.) ON

H.C.



S234386 GRAJEDA (ANDY) ON H.C.



S234387 MESSING (BRIAN) ON H.C.


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



S234388 CALLENDER (VINCENT A.)

ON H.C.



S234426 ROBLES (AUGUSTO CESAR)

ON H.C.



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.)


S234451 JORDAN (VERNEL) ON H.C.



S234556 GONZALEZ (CLEMENTE)

ON H.C.


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


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.)


S234627 ZUNIGA (JEFF) ON H.C.




S234755 CABADA (JACK) ON H.C.



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.


S233789 A137513 First Appellate District, Div. 4 UNTERMANN (CHERYL) v.

D. ZELINSKY & SONS, INC.

Publication request denied (case closed)


S233864 B264246 Second Appellate District, Div. 3 IN RE EMMANUEL D.



S233946 D069334 Fourth Appellate District, Div. 1 J. (M.) v. S.C. (SAN DIEGO

COUNTY HEALTH &

HUMAN SERVICES

AGENCY)



S234044 A143186 First Appellate District, Div. 2 STUPP (STEVEN) &

SCHILDERS (ANNEMARIE),

MARRIAGE OF



S234065 B258692 Second Appellate District, Div. 1 FIDELITY NATIONAL TITLE

INSURANCE COMPANY v.

COTHRAN (JONATHAN)




S234076 B260567 Second Appellate District, Div. 3 SYPRASERT (ARICH) v.

TRUCK INSURANCE

EXCHANGE



S234084 C077803 Third Appellate District NIDIVER (BONNIE) v.

LIFEHOUSE HEALTH

SERVICES, LLC

Publication requests denied (case closed)


S234190 B260724 Second Appellate District, Div. 1 SAUL BRANDMAN

RECOVABLE TRUST &

JOYCE O’DONNEL

BRANDMAN MARITAL

TRUST, IN RE



S234253 B267711 Second Appellate District, Div. 1 MARLEY-WYLAIN

COMPANY v. S.C.

(SWANSON)



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.



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.


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)


S234393 ACCUSATION OF BROOKS




S234485 ACCUSATION OF

YABLONSKY



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.


Documents

SUPREME COURT MINUTES WEDNESDAY, JUNE 15, 2016 SAN