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United States Court Cases

California First Appellate District Record

The People v. Q.H. Division 3

Parties and Attorneys

The People v. Q.H.
Division 3
Case Number A142771
Party Attorney
The People : Plaintiff and Respondent
Office of the Attorney General
455 Golden Gate Avenue - Suite 11000
San Francisco, CA 94102-7004

Contact Name: Joan Killeen

Q. H. : Defendant and Appellant
First District Appellate Project
First District Appellate Project
475 Fourteenth Street, Suite 650
Oakland, CA 94612

Violet Elizabeth Grayson
270 Ninth Avenue
San Francisco, CA 94118



Case Summary

Trial Court Case:
JW126271
Court of Appeal Case:
A142771
Supreme Court Case:
S238077
Court of Appeal Opinion:
[ PDF ] [ DOC ]
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
3
Case Caption:
The People v. Q.H.
Case Type:
Filing Date:
08/18/2014
Completion Date:
09/18/2018
Oral Argument Date/Time:
09/14/2016 09:00 AM


Docket (Register of Actions)

The People v. Q.H.
Division 3
Case Number A142771
Date Description Notes
08/20/2014 Notice of appeal lodged/received.
09/15/2014 Counsel appointment order filed. V. Elizabeth Grayson, (Independent - 40 days)
09/22/2014 Court reporter extension requested. Gordon Aiavao, CSR 11216 to 10-16-14
10/02/2014 Court reporter extension granted. Gordon Aiavao, CSR 11216 to 10-16-14
11/04/2014 Record on appeal filed. CT3 - RT30(1 Box)
11/04/2014 Record in box. 1 Box
12/16/2014 Default sent to court appointed counsel. Defendant and Appellant: Q. H.
Attorney: Violet Elizabeth Grayson
12/25/2014 Requested - extension of time.
Appellant's opening brief. Requested for 02/17/2015 By 33 Day(s)
to 2/16/15
12/26/2014 Granted - extension of time.
Appellant's opening brief. Due on 02/17/2015 By 33 Day(s)
01/15/2015 Motion/application to augment record filed. 30 days eot for aob
01/28/2015 Augmentation granted. (See order.) 30 days eot for aob.
02/17/2015 Augmented record filed. CT 2.
02/17/2015 Exhibits lodged. 10 Oversized exhibits. ***Originals. Return to SF Superior court***
02/17/2015 Letter sent to counsel re: Augment complete. 30 days eot for aob, now due 3/19
03/16/2015 Requested - extension of time.
Appellant's opening brief. Requested for 04/20/2015 By 32 Day(s)
30 days
03/18/2015 Granted - extension of time.
Appellant's opening brief. Due on 04/20/2015 By 32 Day(s)
04/20/2015 Motion/application to augment record filed. 30 days for aob.
04/24/2015 Augmentation granted. (See order.) 30 days for aob.
05/06/2015 Probation report filed. augmented record filed: c-1 (contains probation report)
05/06/2015 Letter sent to counsel re: augment complete; AOB due in 30 days
05/20/2015 Motion/application to augment record filed. RT 7/10/14. and 30 days eot for aob.
06/01/2015 Augmentation granted. (See order.) 30 days eot for aob.
06/04/2015 Received: Notice to reporter to prepare transcripts, on aug.
06/19/2015 Augmented record filed. r-1 (7/10/14)
06/19/2015 Letter sent to counsel re: augment complete; AOB due 30 days
07/20/2015 Requested - extension of time.
Appellant's opening brief. Requested for 08/20/2015 By 31 Day(s)
to 8/20/15
07/21/2015 Granted - extension of time.
Appellant's opening brief. Due on 08/20/2015 By 31 Day(s)
07/30/2015 Motion/application to augment record filed. Exhibits T & T1. Counsel have attached exhibit T1 to the motion and will provide exhibit T as CD.
07/31/2015 Application filed to: Application to file oversized aob, 26,804
07/31/2015 Received: oversized aob.
07/31/2015 Request for judicial notice filed. appellant
07/31/2015 Order filed. BY THE COURT:

Upon due consideration, appellant's application to file an opening brief in excess of 25,500 words is GRANTED. The clerk of the court is ordered to file appellant's 26,804-word brief as of the date of this order.

Consideration of the request for judicial notice, filed by appellant on July 31, 2015, and opposition thereto, if any, is deferred to the decision of this appeal on its merits. Respondent may file a response to the motion at the same time as the respondent's brief.
07/31/2015 Appellant's opening brief. Defendant and Appellant: Q. H.
Attorney: Violet Elizabeth Grayson PERMISSION TO FILE GRANTED PER 7/31 ORDER.
08/07/2015 Exhibits lodged. copy of Exhibit T (CD); obtained by appellate counsel from defense counsel, who took the disk with her form the courtroom
08/11/2015 Augmentation granted. (See order.) Upon due consideration, appellant's motion to augment the record on appeal, filed July 30, 2015, is GRANTED. The record is augmented to include Exhibits T (CD of interview of purported eyewitness) and Exhibit T1 (transcript of interview), copies of which were provided to this court with the motion.
08/28/2015 Requested - extension of time.
Respondent's brief. Requested for 09/30/2015 By 30 Day(s)
30 days to 9/30
08/28/2015 Granted - extension of time.
Respondent's brief. Due on 09/30/2015 By 30 Day(s)
09/30/2015 Requested - extension of time.
Respondent's brief. Requested for 10/30/2015 By 30 Day(s)
10/02/2015 Granted - extension of time.
Respondent's brief. Due on 10/30/2015 By 30 Day(s)
11/02/2015 Respondent notified re failure to file respondent's brief. Plaintiff and Respondent: The People
Attorney: Office of the Attorney General
12/02/2015 Requested - extension of time.
Respondent's brief. Requested for 12/23/2015 By 21 Day(s)
21 days to 12/23
12/09/2015 Granted - extension of time.
Respondent's brief. Due on 12/23/2015 By 21 Day(s)
12/17/2015 Motion filed. motion to file oversize brief from respondent; brief submitted with motion
12/17/2015 Received: respondent's brief
12/28/2015 Order filed. Upon due consideration, respondent's motion for leave to file an oversized respondent's brief is granted. The 28,697-word brief submitted with the application shall be filed as of the date of this order.
12/28/2015 Respondent's brief. Plaintiff and Respondent: The People
Attorney: Office of the Attorney General filed per 12/28/15 order
01/19/2016 Requested - extension of time.
Appellant's reply brief. Requested for 02/08/2016 By 20 Day(s)
to 2/8/16
01/20/2016 Granted - extension of time.
Appellant's reply brief. Due on 02/08/2016 By 20 Day(s)
02/05/2016 Requested - extension of time.
Appellant's reply brief. Requested for 02/29/2016 By 21 Day(s)
to 2/29/16
02/11/2016 Granted - extension of time.
Appellant's reply brief. Due on 02/29/2016 By 21 Day(s)
02/29/2016 Requested - extension of time.
Appellant's reply brief. Requested for 04/01/2016 By 32 Day(s)
to 3/31/16
03/03/2016 Granted - extension of time.
Appellant's reply brief. Due on 04/01/2016 By 32 Day(s)
04/01/2016 Requested - extension of time.
Appellant's reply brief. Requested for 05/02/2016 By 31 Day(s)
to 5/1/16
04/07/2016 Granted - extension of time.
Appellant's reply brief. Due on 05/02/2016 By 31 Day(s)
05/05/2016 Requested - extension of time.
Appellant's reply brief. Requested for 05/20/2016 By 18 Day(s)
05/05/2016 Granted - extension of time.
Appellant's reply brief. Due on 05/20/2016 By 18 Day(s)
05/20/2016 Requested - extension of time.
Appellant's reply brief. Requested for 05/27/2016 By 7 Day(s)
05/26/2016 Note: arb granted to 5/27
05/26/2016 Appellant's reply brief. Defendant and Appellant: Q. H.
Attorney: Violet Elizabeth Grayson
05/26/2016 Case fully briefed.
06/02/2016 Case on conference list. 16-6
06/02/2016 Oral argument waiver notice sent.
06/03/2016 Request for oral argument filed by: Violet Elizabeth Grayson, for appellant Q.H. (BY TELECONFERENCE) 646-406-1512
06/07/2016 Record to court for review.
08/12/2016 Calendar notice sent. Calendar date: 9/14/16 at 9:00 a.m.
09/14/2016 Cause argued and submitted. Violet E. Grayson, for appellant.
Joan Killeen, for respondent.
09/21/2016 Opinion filed. (Signed Unpublished) The juvenile court orders are affirmed.
10/06/2016 Rehearing petition filed.
10/14/2016 Order denying rehearing petition filed.
11/07/2016 Service copy of petition for review received. Violet Elizabeth Grayson for appellant Q.H.
11/08/2016 Record transmitted to Supreme Court.
12/23/2016 Ext. by Supreme Court re: petition for hearing filed: to 1-27-17
01/11/2017 Petition for review granted in Supreme Court. The petition for review is granted. Further action is deferred pending our decision in Facebook v. Superior Court, S230051 (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.
09/14/2018 Record returned from Supreme Court.
09/12/2018 Supreme Court order filed re: Review in the above-captioned matter, which was granted and held for Facebook v. Superior Court (Hunter et al.) (2018) 4 Cal.5th 1245, is hereby dismissed. (Cal. Rules of Court, rule 8.528(b).) Votes: Cantil Sakauye, C.J., Chin, Corrigan, Liu, Cuéllar and Kruger, JJ.
09/18/2018 Returned document for non-conformance. Appellant's motion to remand to superior court was rejected since this matter is not in our jurisdiction, but rather, the Supreme Court's (S238077)
09/17/2018 Received: motion for remand to trial court
09/18/2018 Remittitur issued. S238077
09/18/2018 Case complete.
09/19/2018 Received: Letter from AG opposing remand request.
09/20/2018 Order filed. The motion to remand to trial court is denied. The remittitur issued on September 18, 2018.


Briefs

The People v. Q.H.
Division 3
Case Number A142771
Brief Due Date Date Filed Party and Attorney Notes
Default sent to court appointed counsel. 12/16/2014 Defendant and Appellant: Q. H.
Attorney: Violet Elizabeth Grayson

Appellant's opening brief. 07/31/2015 Defendant and Appellant: Q. H.
Attorney: Violet Elizabeth Grayson
PERMISSION TO FILE GRANTED PER 7/31 ORDER.
Respondent notified re failure to file respondent's brief. 11/02/2015 Plaintiff and Respondent: The People
Attorney: Office of the Attorney General

Respondent's brief. 12/28/2015 Plaintiff and Respondent: The People
Attorney: Office of the Attorney General
filed per 12/28/15 order
Appellant's reply brief. 05/26/2016 Defendant and Appellant: Q. H.
Attorney: Violet Elizabeth Grayson



Future Scheduled Actions

The People v. Q.H.
Division 3
Case Number A142771

No information found.



Disposition

The People v. Q.H.
Division 3
Case Number A142771
Description:
Affirmed in full
Date:
09/21/2016
Disposition Type:
Final
The juvenile court orders are affirmed.
Publication Status:
Signed Unpublished
Author:
Pollak, Stuart R.
Participants:
Siggins, Peter J. (Concur)
McGuiness, William R. (Concur)
Case Citation:
none


Trial Court

The People v. Q.H.
Division 3
Case Number A142771
Trial Court Name:
San Francisco County Superior Court - Main
County:
San Francisco
Trial Court Case Number:
JW126271
Trial Court Judge:
Lam, Newton
Trial Court Judgment Date:
07/23/2014