Parties and Attorneys
PEOPLE v. THOMA
Division LA
Division LA
Case Number S134243
| Party | Attorney |
|---|---|
| William Louis Thoma : Defendant and Appellant P. O. Box 270160 Susanville, CA 96127 | Susan Pochter Stone Attorney at Law P O Box 90716 Santa Barbara, CA 93190-0716 |
| The People : Plaintiff and Respondent | Paul M. Jr. Roadarmel Ofc Attorney General 300 S Spring St 8th Fl Los Angeles, CA 90013 |
| California Public Defenders Asociation : Amicus curiae | Michael C. Mcmahon Office of the Public Defender - Ventura County 800 S Victoria Ave #HOJ207 Ventura, CA 93009 |
Case Summary
Supreme Court Case:
S134243
Court of Appeal Case(s):
Second Appellate District, Div. 6
B170355
B170355
Case Caption:
PEOPLE v. THOMA
Case Category:
Review - Criminal Appeal
Start Date:
05/27/2005
Case Status:
case closed
Issues:
Petition for review after the Court of Appeal affirmed a judgment of conviction of a criminal offense. This case presents the following issue: Was defendant's silence during sentencing in a prior case when the trial court described the victim's injuries an adoptive admission within the meaning of Evidence Code section 1221 that could be relied on in a subsequent case to prove that the defendant had personally inflicted great bodily injury on that victim and thus establish that the prior conviction was a serious felony under Penal Code section 1192.7, subdivision (c)(8)?
Disposition Date:
02/14/2007
Case Citation:
none
NOTE: The statement of the issues is intended simply to inform the public and the press of the general subject matter of the case. The description set out above does not necessarily reflect the view of the court, or define the specific issues that will be addressed by the court.
Cross Referenced Cases:
No Cross Referenced Cases Found
Docket (Register of Actions)
PEOPLE v. THOMA
Division LA
Division LA
Case Number S134243
| Date | Description | Notes |
|---|---|---|
| 05/27/2005 | Petition for review filed | counsel for appellant William Thoma |
| 05/31/2005 | Received: | Notice of errata>>appellant William L. Thoma |
| 05/31/2005 | Record requested | |
| 06/03/2005 | Received Court of Appeal record | one doghouse |
| 07/15/2005 | Time extended to grant or deny review | to and including August 25, 2005 |
| 07/27/2005 | Petition for review granted (criminal case) | Votes: George, C.J., Kennard, Baxter, Werdegar, Chin, and Moreno, JJ. |
| 08/25/2005 | Counsel appointment order filed | for Susan Stone for appellant (Thoma). |
| 09/21/2005 | Request for extension of time filed | to November 23, 2005 to file appellant's (Thoma) opening brief on the merits. (faxed copy) |
| 09/23/2005 | Extension of time granted | On application of appellant and good cause appearing, it is ordered that the time to serve and file the opening brief on the merits is extended to and including October 28, 2005. |
| 10/20/2005 | Request for extension of time filed | to 11-27-2005 to file appellant's opening brief on the merits(faxed copy) -- Original received 10-21-2005 |
| 10/21/2005 | Extension of time granted | On application of appellant and good cause appearing, it is hereby ordered that the time to serve and file the opening brief on the merits is extended to and including November 27, 2005. |
| 11/22/2005 | Request for extension of time filed | to 12-27-2005 to file appellant's opening brief on the merits |
| 11/29/2005 | Extension of time granted | On application of appellant and good cause appearing, it is ordered that the time to serve and file opening brief on the merits is extended to and including December 27, 2005.No further extensions of time will be granted. |
| 12/23/2005 | Request for extension of time filed | to January 6, 2006, to file appellant's opening brief on the merits. [Hard copy received 12/23/2005] |
| 12/28/2005 | Extension of time granted | On application of appellant and good cause appearing, it is ordered that the time to serve and file the opening brief on the merits is extended to and including January 6, 2006. |
| 01/09/2006 | Opening brief on the merits filed | William Louis Thoma, Appellant / CRC 40.1(b) By Susan Pochter Stone, counsel |
| 02/01/2006 | Request for extension of time filed | Respondent request to & including March 10, 2006 to file answer brief on the merits |
| 02/01/2006 | Received: | and processed e.o.t. request |
| 02/03/2006 | Extension of time granted | On application of respondent and good cause appeairng, it is ordered that the time to serve and file the answer brief on the merits is extended to and including March 10, 2006. |
| 03/03/2006 | Request for extension of time filed | to file Answer Brief/ Merits respondent The People to April 9, 2006. |
| 03/06/2006 | Extension of time granted | On application of respondent and good cause appearing, it is ordered that the time to serve and file the answer brief on the merits is extended to and including April 9, 2006. |
| 04/03/2006 | Request for extension of time filed | to file Answer Brief/ Merits respondent The People to May 9, 2006. |
| 04/06/2006 | Extension of time granted | On application of respondent and good cause appeairng, it is ordered that the time to serve and file the Respondent's Answer Brief on the Merits is extended to and including May 9, 2006. |
| 05/09/2006 | Application to file over-length brief filed | respondent The People's Answer Brief/Merits Deputy A.G. Stephanie C. Brenan |
| 05/11/2006 | Received: | From the Los Angeles Office, respondent's oversized (16,425 words) answer brief on the merits, exceeding the 14,000 word limit (CRC 29.1(c)(1) |
| 05/11/2006 | Order filed | The application of respondent for permission to file the answer brief on the merits containing 16,425 words that exceeds the 14,000 word limit prescribed by California Rules of Court, rule 29.1(c)(1) by 2,425 words is hereby granted. |
| 05/11/2006 | Answer brief on the merits filed | by Respondent People |
| 05/24/2006 | Request for extension of time filed | to June 30, 2006, to file Appellant's Reply Brief on the Merits. (faxed copy) |
| 05/26/2006 | Extension of time granted | On application of appellant and good cause appearing, it is ordered that the time to serve and file the reply brief on the merits is extended to and including June 30, 2006. |
| 06/27/2006 | Request for extension of time filed | to July 15, 2006 to file Appellant's Reply Brief on the Merits. |
| 06/29/2006 | Extension of time granted | On application of appellant and good cause appearing, it is ordered that the time to serve and file Appellant's Reply Brief on the Merits is extended to and including July 15, 2006.No further extensions of time will be granted. |
| 07/17/2006 | Reply brief filed (case fully briefed) | William Louis Thoma, appellant,by Susan Pochter Stone, Supreme Court appointed counsel. |
| 08/17/2006 | Received application to file Amicus Curiae Brief | and brief of California Public Defenders Association, California Attorneys for Criminal Justice, and the Public Defender of Ventura County in support of appellant. |
| 08/24/2006 | Permission to file amicus curiae brief granted | The application of California Public Defenders Association, California Attorneys for Criminal Justice, and the Public Defender of Ventura County for permission to file an amicus curiae briefin support of appellant is hereby granted.An answer thereto may be served and filed by any party within twenty days of the filing of the brief. |
| 08/24/2006 | Amicus curiae brief filed | California Public Defenders Association, California Attorneys for Criminal Justice, and the Pulbic Defender of Ventura County in support of appellant. |
| 12/26/2006 | Received: | Letter dated 12-20-2006 from Michael C. McMahon, Chief Deputy Public Defender of Ventural County. |
| 02/14/2007 | Transferred to CA 2/6 after hold | The above-entitled matter is transferred to the Court of Appeal, Second Appellate District, Division Six, with directions to vacate its decision and to reconsider the cause in light of People v. Trujillo (2006) 40 Cal.4th 165. (Cal. Rules of Court, rule 8.528(d).)votes: George, C.J., Kennard, Baxter, Werdegar, Chin, Moreno, and Corrigan, JJ. |
| 04/11/2007 | Compensation awarded counsel | Atty Stone |
| 05/24/2007 | Received: | Copy of letter from Michael C. McMahon, Chief Deputy Public Defender - Ventural County, dated May 21, 2007, addressed to Paul Mcgill, Clerk, CA2/Div.6. |
Briefs
PEOPLE v. THOMA
Division LA
Division LA
Case Number S134243
| Brief | Date Filed | Party and Attorney | Notes |
|---|---|---|---|
| Opening brief on the merits filed | 01/09/2006 | William Louis Thoma, Appellant / CRC 40.1(b) By Susan Pochter Stone, counsel | |
| Answer brief on the merits filed | 05/11/2006 | by Respondent People | |
| Reply brief filed (case fully briefed) | 07/17/2006 | William Louis Thoma, appellant, by Susan Pochter Stone, Supreme Court appointed counsel. | |
| Amicus curiae brief filed | 08/24/2006 | California Public Defenders Association, California Attorneys for Criminal Justice, and the Pulbic Defender of Ventura County in support of appellant. |
Disposition
PEOPLE v. THOMA
Division LA
Division LA
Case Number S134243
Only the following dispositions are displayed below: Orders Denying Petitions, Orders Granting Rehearing and Opinions. Go to the Docket Entries screen for information regarding orders granting review.
Case Citation:
none
| Date | Description |
|---|---|
| 02/14/2007 | Transferred to CA 2/6 after Hold |
Lower Court
PEOPLE v. THOMA
Division LA
Division LA
Case Number S134243
Court of Appeal District/Division:
Second Appellate District , Div. 6
Court of Appeal Case Number:
B170355
Disposition:
Affirmed/part, rev/part, remanded w/direction
Disposition Date:
05/15/2007
Click the above Court of Appeal Case Number link for further information.
Trial Court:
Ventura County Superior Court - Main (Ventura)
Trial Court Case Number:
2003008254