Parties and Attorneys
The People v. Ortiz
Case Number F060792
| Party | Attorney |
|---|---|
| The People : Plaintiff and Respondent | Ivan P. Marrs Office of the Attorney General 1300 I Street, Suite 125 P. O. Box 944255 Sacramento, CA 94244-2550 Eric L. Christoffersen Office of the Attorney General 1300 I Street P. O. Box 944255 Sacramento, CA 94244-2550 |
| Ruben Ortiz : Defendant and Appellant Wasco State Prison P.O. Box 5500 Wasco, CA 93280 | Phillip M. Brooks Phillip M. Brooks, Attorney At Law PMB 233 1442A Walnut Street Berkeley, CA 94709 |
Case Summary
Trial Court Case:
F08901577
Court of Appeal Case:
F060792
Supreme Court Case:
S203461
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
Case Caption:
The People v. Ortiz
Case Type:
CR
Filing Date:
08/11/2010
Completion Date:
08/21/2012
Oral Argument Date/Time:
04/04/2012 10:00 AM
Docket (Register of Actions)
The People v. Ortiz
Case Number F060792
| Date | Description | Notes |
|---|---|---|
| 09/02/2010 | Notice of appeal lodged/received (criminal). | 24 day jury trial; 2nd degree murder; 15 yrs to life; request for appt of counsel in notice of appeal; copy to ccap |
| 09/02/2010 | Notice to reporter to prepare transcript. | sent to ctrrs Martinusen & Bjerke by the Superior Court on 8/17/10 |
| 09/03/2010 | Court reporter extension granted. | CSR: Martinusen, Mary E. (7601) Extended Due Date: 09/30/20101st request |
| 09/07/2010 | Court reporter extension granted. | CSR: Bjerke, Leslie Kay (4510) Extended Due Date: 09/30/20101st request |
| 09/15/2010 | Appellant notified re: right to counsel. | For applt Ortiz #1 |
| 10/01/2010 | Court reporter extension requested. | 2nd eot request by ctrr Martinusen; to PJ for approval |
| 10/01/2010 | Court reporter extension granted. | CSR: Martinusen, Mary E. (7601) Extended Due Date: 11/01/20102nd request approved by PJ; NF extensions of time, absent proof |
| 10/01/2010 | Appellant notified re: right to counsel. | For applt Ortiz #2 |
| 11/10/2010 | Record on appeal filed. | C6/1505 pgs, R16/3711 pgs; ltr to counsel re aob due |
| 11/10/2010 | Probation report filed. | pgs 1493-1500 of CT vol 5 and pgs 1501-1505 of CT vol 6, in confidential file |
| 11/10/2010 | Sealed document filed ******* | Random Jury List, in confidential envelope |
| 11/17/2010 | Filed order appointing counsel (C.C.A.P. review). | Defendant and Appellant: Ruben Ortiz Attorney: Phillip M. Brooks AOB due w/n 30 days |
| 11/17/2010 | Appointment request for counsel filed. | For applt Ortiz; copy to ccap |
| 12/20/2010 | Granted - extension of time. | 1st request (30 days) |
| 01/18/2011 | Requested - extension of time | 2nd request (30 days) ; to PJ for approval |
| 01/20/2011 | Granted - extension of time. | 2nd request (30 days); approved by PJ; NF extensions of time, absent proof |
| 02/04/2011 | Motion/application to augment record filed. | Atty Brooks obo applt; copy of Court Exhibit 3 & a copy of the defense petn for disclosure of confidential jury information (W&M) |
| 02/17/2011 | Augmentation granted. (See order.) | As requested in applt's application to aug the record filed 2/4/11; aug record due w/n 30 days; copy of Court Exhibit 3 & copy of the defense petition for disclosure of confidential jury information; Clerk of the Superior Court is directed to redact juror identifying information and transmit said copies only to counsel for applt and respondent, not applt; aob is due 30 days after filing the aug record (W2) |
| 03/23/2011 | Augmented record filed. | C1/85 pages; purs to the order filed 2/17/11 (ltr to parties re: AOB due w/n 30 days) |
| 04/18/2011 | Appellant's opening brief. | Defendant and Appellant: Ruben Ortiz Attorney: Phillip M. Brooks |
| 05/17/2011 | Granted - extension of time. | Respondent's brief. Due on 06/17/2011 By 30 Day(s) 1st request |
| 06/17/2011 | Requested - extension of time | Respondent's brief. Requested for 07/18/2011 By 31 Day(s) 2nd request (30 days); to PJ for approval |
| 06/21/2011 | Granted - extension of time. | Respondent's brief. Due on 07/18/2011 By 31 Day(s) 2nd request approved by PJ; NF extensions of time, absent proof |
| 07/18/2011 | Requested - extension of time | Respondent's brief. Requested for 08/15/2011 By 28 Day(s) 3rd request; to Pj for approval |
| 07/19/2011 | Granted - extension of time. | Respondent's brief. Due on 08/15/2011 By 28 Day(s) 3rd request (30 days) approved by PJ; NF time will be granted |
| 08/15/2011 | Respondent's brief. | Plaintiff and Respondent: The People Attorney: Ivan P. Marrs |
| 09/01/2011 | Granted - extension of time. | Appellant's reply brief filed. Due on 09/26/2011 By 20 Day(s) 1st request |
| 09/26/2011 | Appellant's reply brief filed. | Defendant and Appellant: Ruben Ortiz Attorney: Phillip M. Brooks |
| 09/26/2011 | Case fully briefed. | |
| 09/27/2011 | Received document entitled: | Appellant's supplemental opening brief filed by Atty Brooks obo applt Ortiz |
| 09/27/2011 | Application filed to: | submit supplemental opening brief by Atty Brooks obo applt (CSMGR) |
| 11/03/2011 | Order filed. | Good cause appearing therefor, the application of Appellant, Ruben Ortiz, for permission to file a supplemental brief received on September 27, 2011 is granted. Respondent shall have 20 days from the date of this order to file any response thereto. |
| 12/05/2011 | Supplemental brief filed by: | Defendant and Appellant: Ruben Ortiz Attorney: Phillip M. Brooks Atty Brooks obo applt purs to crt's order filed 11/3/11 |
| 11/18/2011 | Response filed to: | by AG Marrs purs to crt's order filed 11/3/11 |
| 02/15/2012 | Issue letter sent. | to both counsel. Each party shall have 10 days from the date of this letter to file a supplemental brief. |
| 02/27/2012 | Supplemental brief filed by: | Defendant and Appellant: Ruben Ortiz Attorney: Phillip M. Brooks Phillip M. Brooks counsel for appellant. (JAH) |
| 02/27/2012 | Supplemental brief filed by: | Plaintiff and Respondent: The People Attorney: Ivan P. Marrs Ivan P. Marrs, Office of the Attorney General (JAH) |
| 02/29/2012 | Oral argument waiver notice sent. | JAH #12 |
| 03/06/2012 | Received fax informational copy of: | REQUEST FOR ORAL ARGUMENT - BY ATTY BROOKS OBO APPLT - PERSONAL APPEARANCE & 15 MINS (Unavailable on 4/10 & 4/16 - 4/20/12) |
| 03/08/2012 | Received fax informational copy of: | Conditional Waiver by Dep AG Marrs - teleconference if requested |
| 03/12/2012 | Request for oral argument filed by: | ATTY BROOKS OBO APPLT - PERSONAL APPEARANCE & 15 MINS (Unavailable on 4/10 & 4/16 - 4/20/12) |
| 03/12/2012 | Conditional waiver filed by: | Dep AG Marrs - teleconference if requested |
| 03/15/2012 | Calendar notice sent. Calendar date: | 4/4/12 @ 10 am (jah #12) |
| 03/16/2012 | Issue letter sent. | Pursuant to Government Code section 68081, the parties may file supplemental briefing on the following issue: One of the issues raised by appellant is the exclusion of proposed expert evidence pertaining to shooting experiments that defense experts Stebens and Zachary conducted on pigs' heads. The parties have addressed whether People v. Kelly (1976) 17 Cal.3d 24 applies to these experiments and expert opinions based on these experiments. A review of the trial transcript shows that the trial court provided a second reason for excluding the evidence. During trial, the court stated that the proposed expert evidence would consume an undue amount of time and excluded the evidence under Evidence Code section 352. (13 Reporter's Transcript, p. 3037.) Did the trial court abuse its discretion by excluding the proposed expert evidence under Evidence Code section 352? May this court affirm the exclusion of the proposed expert evidence on this basis? Please file any supplemental briefing with the court by Friday, March 30, 2012. (JAH) |
| 04/02/2012 | Supplemental brief filed by: | Plaintiff and Respondent: The People Attorney: Eric L. Christoffersen purs to crt's letter mailed on 3/16/12 (JAH) |
| 04/02/2012 | Supplemental brief filed by: | Defendant and Appellant: Ruben Ortiz Attorney: Phillip M. Brooks purs to letter sent on 3/16/12 (JAH) |
| 04/04/2012 | Cause argued and submitted. | @ 10 a.m. |
| 05/11/2012 | Opinion filed. | (Signed Unpublished) The judgment is affirmed; Wiseman, Levy & Gomes; 31 pages |
| 05/29/2012 | Rehearing petition filed. | by Atty Brooks obo applt (JAH)mailed by fed express on 5/25/12 |
| 05/31/2012 | Order denying rehearing petition filed. | The Petition for rehearing filed on May 29, 2012 , by appellant in the above-entitled action is denied. (JAH) |
| 06/21/2012 | Petition for review filed in Supreme Court. | on 6/21/12 (S203461); file requested and RMI rescheduled |
| 06/22/2012 | Record transmitted to Supreme Court. | 6 doghouses |
| 06/26/2012 | Service copy of petition for review received. | by Atty Brooks obo applt (JAH) |
| 08/21/2012 | Note: | per website pet denied 8/15/12 |
| 08/21/2012 | Remittitur issued. | |
| 08/21/2012 | Case complete. | |
| 08/21/2012 | Petition for review denied in Supreme Court. | on 8/15/12 |
| 08/23/2012 | Record returned from Supreme Court. | 6 doghouses |
| 11/03/2016 | Record in off-site storage. | boxes 824630, 824631, 824632 |
Briefs
The People v. Ortiz
Case Number F060792
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Filed order appointing counsel (C.C.A.P. review). | 11/17/2010 | Defendant and Appellant: Ruben Ortiz Attorney: Phillip M. Brooks | AOB due w/n 30 days | |
| Appellant's opening brief. | 04/18/2011 | Defendant and Appellant: Ruben Ortiz Attorney: Phillip M. Brooks | | |
| Respondent's brief. | 08/15/2011 | Plaintiff and Respondent: The People Attorney: Ivan P. Marrs | | |
| Appellant's reply brief filed. | 09/26/2011 | Defendant and Appellant: Ruben Ortiz Attorney: Phillip M. Brooks | | |
| Supplemental brief filed by: | 12/05/2011 | Defendant and Appellant: Ruben Ortiz Attorney: Phillip M. Brooks | Atty Brooks obo applt purs to crt's order filed 11/3/11 | |
| Supplemental brief filed by: | 02/27/2012 | Defendant and Appellant: Ruben Ortiz Attorney: Phillip M. Brooks | Phillip M. Brooks counsel for appellant. (JAH) | |
| Supplemental brief filed by: | 02/27/2012 | Plaintiff and Respondent: The People Attorney: Ivan P. Marrs | Ivan P. Marrs, Office of the Attorney General (JAH) | |
| Supplemental brief filed by: | 04/02/2012 | Plaintiff and Respondent: The People Attorney: Eric L. Christoffersen | purs to crt's letter mailed on 3/16/12 (JAH) | |
| Supplemental brief filed by: | 04/02/2012 | Defendant and Appellant: Ruben Ortiz Attorney: Phillip M. Brooks | purs to letter sent on 3/16/12 (JAH) |
Disposition
The People v. Ortiz
Case Number F060792
Description:
Affirmed in full
Date:
05/11/2012
Disposition Type:
Final
The judgment is affirmed; Wiseman, Levy & Gomes; 31 pages
The judgment is affirmed; Wiseman, Levy & Gomes; 31 pages
Publication Status:
Signed Unpublished
Author:
Wiseman, Rebecca A.
Participants:
Gomes, Gene M. (Concur)
Levy, Herbert I. (Concur)
Levy, Herbert I. (Concur)
Case Citation:
none
Trial Court
The People v. Ortiz
Case Number F060792
Trial Court Name:
Fresno County Superior Court - Main
County:
Fresno
Trial Court Case Number:
F08901577
Trial Court Judge:
Harrell, Arlan
Trial Court Judgment Date:
08/11/2010