Parties and Attorneys
PEOPLE v. O'MALLEY (JAMES FRANCIS)
Division SF
Division SF
Case Number S024046
| Party | Attorney |
|---|---|
| The People : Plaintiff and Respondent | Attorney General - San Francisco Office Nanette Winaker, Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-3664 |
| James Francis O'Malley : Defendant and Appellant San Quentin State Prison San Quentin, CA 94974 | Cliff Gardner Law Office of Cliff Gardner 1448 San Pablo Ave. Berkeley, CA 94702 Habeas Corpus Resource Center Michael J. Hersek, Executive Director 303 Second St., Suite 400 South San Francisco, CA 94107-1328 |
Case Summary
Supreme Court Case:
S024046
Court of Appeal Case(s):
No Data Found
Trial Court Case:
Santa Clara County Superior Court
131339
131339
Case Caption:
PEOPLE v. O'MALLEY (JAMES FRANCIS)
Case Category:
Automatic Appeal
Start Date:
11/21/1991
Case Status:
closed; remittitur issued
Issues:
Automatic appeal from a judgment of death.
Disposition Date:
02/18/2016
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:
S187622
O'MALLEY (JAMES FRANCIS) ON H.C.
Docket (Register of Actions)
PEOPLE v. O'MALLEY (JAMES FRANCIS)
Division SF
Division SF
Case Number S024046
| Date | Description | Notes |
|---|---|---|
| 11/21/1991 | Judgment of death | |
| 12/03/1991 | Filed certified copy of Judgment of Death Rendered | November 21, 1991. |
| 12/12/1991 | Application for Extension of Time filed | By Court Reporter Karen Farris to Complete R.T. |
| 12/13/1991 | Extension of Time application Granted | To Court Reporter To 2-10-92 To Complete R.T. |
| 12/16/1991 | Application for Extension of Time filed | By Court Reporter Margaret Mcvey to Complete R.T. |
| 12/16/1991 | Application for Extension of Time filed | By Court Reporter Annette Kaiser to Complete R.T. |
| 12/17/1991 | Extension of Time application Granted | To Court Reporters (Annette Kaiser and Margaret Mcvey) To 2-10-92 To Complete R.T. |
| 07/19/1994 | Order appointing State Public Defender filed | Upon request of appellant for appointment of counsel, the Office of the State Public Defender is hereby appointed to represent appellant on his automatic appeal now pending in this court, includingany related habeas proceedings. |
| 07/19/1994 | CAP CONFLICT EXISTS | |
| 10/11/1994 | Application for Extension of Time filed | By Applt to request correction of the Record. |
| 10/13/1994 | Extension of Time application Granted | To Applt To 12-8-94 To request Corr. of Record. |
| 12/01/1994 | Application for Extension of Time filed | By Applt to request correction of Record. |
| 12/06/1994 | Extension of Time application Granted | To Applt To 2-6-95 To request Corr. of Record. |
| 01/27/1995 | Application for Extension of Time filed | By Applt to request correction of Record. |
| 02/02/1995 | Extension of Time application Granted | To Applt To 4-7-95 To request Corr. of Record. |
| 03/24/1995 | Application for Extension of Time filed | By Applt to request correction of Record. |
| 03/29/1995 | Extension of Time application Granted | To Applt To 6-6-95 To request Corr. of Record. |
| 04/27/1995 | Change of Address filed for: | Resp Atty General's San Francisco Office. |
| 05/26/1995 | Application for Extension of Time filed | By Applt to request correction of Record. |
| 05/31/1995 | Extension of Time application Granted | To Applt To 8-7-95 To request Corr. of Record. |
| 07/28/1995 | Application for Extension of Time filed | By Applt to request correction of Record. |
| 08/03/1995 | Extension of Time application Granted | To Applt To 10-6-95 To request Corr. of Record. |
| 10/02/1995 | Application for Extension of Time filed | By Applt to request Record correction |
| 10/04/1995 | Extension of Time application Granted | To Applt To 12-5-95 To request correction of the Record. no further Extensions Are Contemplated. |
| 11/27/1995 | Application for Extension of Time filed | By Applt to request correction of the Record. |
| 11/30/1995 | Extension of Time application Granted | To Applt To 12-20-95 To request Corr. of Record. no further Extensions of time will be Granted. |
| 12/22/1995 | Received copy of appellant's record correction motion | appellant's request for correction; applicaction for settled statements; application for additional records, etc. (117 pp.) |
| 12/15/1997 | Received: | copy of appellant's request for correction and completion of augmented record (25 pp.) |
| 07/13/2000 | Counsel's status report received (confidential) | |
| 09/11/2000 | Counsel's status report received (confidential) | |
| 11/13/2000 | Counsel's status report received (confidential) | |
| 01/10/2001 | Counsel's status report received (confidential) | |
| 03/12/2001 | Counsel's status report received (confidential) | |
| 05/10/2001 | Counsel's status report received (confidential) | |
| 07/10/2001 | Counsel's status report received (confidential) | |
| 09/12/2001 | Counsel's status report received (confidential) | |
| 11/09/2001 | Counsel's status report received (confidential) | |
| 01/08/2002 | Counsel's status report received (confidential) | |
| 03/13/2002 | Counsel's status report received (confidential) | |
| 05/13/2002 | Counsel's status report received (confidential) | |
| 05/20/2002 | Counsel's status report received (confidential) | (supplemental) |
| 07/11/2002 | Counsel's status report received (confidential) | |
| 08/22/2002 | Motion filed (in non-AA proceeding) | by appellant for "orders that the superior court supply the parties with various materials relating to the record on automatic appeal, and request for an order directing the superior court to postpone certifying the record until it has supplied those materials to the parties." (10 pp.) |
| 08/26/2002 | Filed: | supplemental declaration of service for motion filed on 8-22-2002. |
| 09/09/2002 | Counsel's status report received (confidential) | |
| 09/11/2002 | Motion denied | Defendant's "Motion for Orders that the Superior Court Supply the Parties with Various Materials Relating to the Record on Automatic Appeal, and Request for an Order Directing the Superior Court to Postpone Certifying the Record Until It Has Supplied those Materials to the Parties" is denied without prejudice to renewal in this court in the event the superior court fails to comply withCalifornia Rules of Court, rules 35 and 39.51. |
| 10/25/2002 | Motion filed (in non-AA proceeding) | Appellant's "Renewed Motion for Orders that the Superior Court Supply the Parties with Various Materials Relating to the Record on Automatic Appeal, and the Request that the Court Not Acceptthe Certified Appellate Record for Filing Until the Superior Court Has Supplied those Materials to the Parties." |
| 11/05/2002 | Counsel's status report received (confidential) | |
| 11/19/2002 | Note: | Record on appeal returned to the trial court to correct the following: 1. Volume 26 of the clerk's transcript, pages 5773 through 6058, not transmitted with record.2. Confidential materials to be submitted in compliance with Calif. Rules of Court, rules 33.5(b)(2) & 39.51(b). Volumes 11-23 of the augmented clerk's transcript and volumes one through three of augmented clerk's transcript, completed on 10/16/1998, to be resubmitted according to rules.3. Preparation of comprehensive index to the reporter's transcript (rule 9(b)(2)). |
| 01/08/2003 | Counsel's status report received (confidential) | |
| 02/11/2003 | Order filed | Appellant's "Renewed Motion for Orders that the Superior Court Supply the Parties with Various Materials Relating to the Record on Automatic Appeal, and Request that the Court notAccept the Certified Appellate Record for Filing until the Superior Court Has Supplied those Materials to the Parties" is granted in part and denied in part.Appellant's motion is granted to the following extent: The Santa Clara County Superior Court is directed to provide copies of all juror questionnaires in People v. O'Malley (superior court case No. 131339) to appellant and respondent. The court is further directed to determine whether oral proceedings were conducted on January 12, 1989, and, if conducted, whether such proceedings were reported. If such proceedings were conducted and reported and can be transcribed, the court shall cause the preparation, certification, and filing of a reporter's transcript thereof. (See Cal. Rules of Court, rule 35.) If such proceedings were conducted but not reported, or reported but cannot be transcribed, the court is directed to conduct such further proceedings as may be necessary and appropriate. (See id., rule 7.)In all other respects, appellant's motion is denied. |
| 03/07/2003 | Counsel's status report received (confidential) | |
| 05/07/2003 | Counsel's status report received (confidential) | |
| 07/08/2003 | Counsel's status report received (confidential) | |
| 09/03/2003 | Counsel's status report received (confidential) | from State P.D. |
| 11/04/2003 | Counsel's status report received (confidential) | |
| 11/10/2003 | Record on appeal filed | Clerk's transcript 75 volumes (17,441 pp.) and reporter's transcript 146 volumes (14,690 pp.), including material under seal. Clerk's transcript includes 4317 pp. of juror questionnaires. |
| 11/10/2003 | Appellant's opening brief letter sent, due: | December 22, 2003. |
| 12/18/2003 | Counsel's status report received (confidential) | from State P.D. |
| 12/18/2003 | Request for extension of time filed | to file appellant's opening brief. (1st request) |
| 12/23/2003 | Extension of time granted | to 2/20/2004 to file appellant's opening brief. |
| 01/16/2004 | Motion for access to sealed record filed | appellant's motion for orders allowing appellant's counsel to review materials in the sealed record. |
| 01/21/2004 | Opposition filed | by respondent to appellant's "Motion for Orders Allowing Appellant's Counsel to Review Materials in the Sealed Record." |
| 02/18/2004 | Counsel's status report received (confidential) | |
| 02/18/2004 | Request for extension of time filed | to file appellant's opening brief. (2nd request) |
| 02/20/2004 | Extension of time granted | to 4/20/2004 to file appellant's opening brief. |
| 04/19/2004 | Request for extension of time filed | to file AOB. (3rd request) |
| 04/19/2004 | Counsel's status report received (confidential) | |
| 04/20/2004 | Extension of time granted | to 6-21-2004 to file AOB. |
| 06/17/2004 | Request for extension of time filed | to file appellant's opening brief. (4th request) |
| 06/17/2004 | Counsel's status report received (confidential) | |
| 06/23/2004 | Extension of time granted | to 8/20/2004 to file appellant's opening brief. After that date, only two further extensions totaling 120 additional days will be granted. Extension is granted based upon Deputy State Public DefenderMark Hammond's representation that he anticipates filing that brief by 12/21/2004. |
| 08/17/2004 | Motion to withdraw as counsel filed | Motion by State Public Defender to withdraw (as counsel for appellant) and for appointment of replacement counsel. |
| 08/17/2004 | Request to file document under seal filed (AA) | Motion by the State Public Defender to file under seal records in support of "motion to withdraw and for appointment of new counsel." |
| 08/17/2004 | Lodged: | (conditionally under seal) memorandum of points and authorities and declaration of State Public Defender Michael J. Hersek in support of motion to withdraw and for appointment of new counsel.(NOTE: later filed on 2-2-2005, pursuant to court's order of that date.) |
| 08/23/2004 | Request for extension of time filed | to file appellant's opening brief. (5th request) |
| 08/23/2004 | Counsel's status report received (confidential) | from State P.D. |
| 08/26/2004 | Extension of time granted | to 10/19/2004 to file appellant's opening brief. |
| 10/13/2004 | Counsel's status report received (confidential) | from State P.D. |
| 10/13/2004 | Motion denied | Appellant's "Motion for Orders Allowing Appellant's Counsel to Review Materials in the Sealed Record on Automatic Appeal of Appellant's Death Sentence," filed on January 16, 2004, is denied. |
| 10/18/2004 | Request for extension of time filed | to file appellant's opening brief. (6th request) |
| 10/25/2004 | Extension of time granted | to 12/20/2004 to file appellant's opening brief. |
| 12/14/2004 | Counsel's status report received (confidential) | from State P.D. |
| 12/21/2004 | Request for extension of time filed | to file appellant's opening brief. (7th request) |
| 12/30/2004 | Extension of time granted | to 2/18/2005 to file appellant's opening brief. |
| 02/02/2005 | Application to file document under seal granted | Good cause appearing, the motion of appointed counsel State Public Defender, filed August 17, 2004, to file under seal records in support of the motion to withdraw and for appointment of newappellate and habeas corpus/executive clemency counsel of record for appellant James Francis O'Malley, is granted. (Cal. Rules of Court, rules 12.5(e) & 243.1(d)-(e).) |
| 02/02/2005 | Substitution of counsel ordered | Good cause appearing, the application of appointed counsel for permission to withdraw as appellate and habeas corpus/executive clemency attorney of record for appellant James Francis O'Malley, filed August 17, 2004, is granted.The order appointing the State Public Defender as counsel of record for appellant James Francis O'Malley, filed July 19, 1994, is hereby vacated.Cliff Gardner is hereby appointed as counsel of record to represent appellant James Francis O'Malley for the direct appeal in the above automatic appeal now pending in this court.The Habeas Corpus Resource Center is hereby appointed to represent appellant James Francis O'Malley for habeas corpus/executive clemency proceedings related to the above automatic appeal now pending in this court.The application of the State Public Defender to withdraw as habeas corpus/executive clemency counsel of record on behalf of appellant James Francis O'Malley on the ground of inadequateresources to represent appellant competently and adequately in that capacity, filed August 17, 2004, is dismissed as moot. |
| 02/02/2005 | Compensation awarded counsel | Atty Gardner |
| 02/02/2005 | Filed: | UNDER SEAL: appellant's "Memorandum of Points and Authorities in Support of Motion to Withdraw and for Appointment of New Counsel." (confidential) |
| 02/09/2005 | Order filed | In light of the order of February 2, 2005, appointing replacement appellate counsel for James Francis O'Malley, the February 18, 2005, due date for the filing of appellant's opening brief is vacated. |
| 06/10/2005 | Counsel's status report received (confidential) | from HCRC. |
| 06/17/2005 | Counsel's status report received (confidential) | from atty Gardner. |
| 08/03/2005 | Change of contact information filed for: | attorney Cliff Gardner. |
| 08/09/2005 | Counsel's status report received (confidential) | from HCRC. |
| 08/15/2005 | Counsel's status report received (confidential) | from atty Gardner. |
| 10/03/2005 | Counsel's status report received (confidential) | from HCRC. |
| 10/18/2005 | Counsel's status report received (confidential) | from atty Gardner. |
| 12/05/2005 | Counsel's status report received (confidential) | from HCRC. |
| 12/13/2005 | Counsel's status report received (confidential) | from atty Gardner. |
| 01/31/2006 | Counsel's status report received (confidential) | from HCRC. |
| 02/08/2006 | Counsel's status report received (confidential) | from atty Gardner. |
| 02/28/2006 | Note: | attorney Richard C. Neuhoff is providing alternate case assistance to attorney Cliff Gardner due to CAP conflict of interest. |
| 03/01/2006 | Compensation awarded counsel | Atty Gardner |
| 03/29/2006 | Counsel's status report received (confidential) | from HCRC. |
| 04/11/2006 | Counsel's status report received (confidential) | from atty Gardner. |
| 04/14/2006 | Order filed | Appellant's opening brief must be served and filed on or before April 9, 2007. |
| 05/31/2006 | Counsel's status report received (confidential) | from HCRC. |
| 06/14/2006 | Compensation awarded counsel | Atty Gardner |
| 06/28/2006 | Counsel's status report received (confidential) | from atty Gardner. |
| 07/31/2006 | Counsel's status report received (confidential) | from HCRC. |
| 08/14/2006 | Counsel's status report received (confidential) | from atty Gardner. |
| 09/28/2006 | Counsel's status report received (confidential) | from HCRC. |
| 10/19/2006 | Counsel's status report received (confidential) | from atty Gardner. |
| 11/28/2006 | Counsel's status report received (confidential) | from HCRC. |
| 12/08/2006 | Compensation awarded counsel | Atty Neuhoff |
| 01/23/2007 | Counsel's status report received (confidential) | from atty Gardner. |
| 02/22/2007 | Counsel's status report received (confidential) | from HCRC. |
| 03/22/2007 | Counsel's status report received (confidential) | from atty Gardner. |
| 03/29/2007 | Counsel's status report received (confidential) | from HCRC. |
| 04/02/2007 | Request for extension of time filed | to file appellant's opening brief. (1st request) |
| 04/05/2007 | Extension of time granted | On application of appellant and good cause appearing, it is ordered that the time to serve and file appellant's opening brief is extended to and including June 8, 2007. |
| 04/11/2007 | Compensation awarded counsel | Atty Neuhoff |
| 06/01/2007 | Counsel's status report received (confidential) | from HCRC. |
| 06/05/2007 | Request for extension of time filed | to file appellant's opening brief. (2nd request) |
| 06/07/2007 | Extension of time granted | to August 7, 2007 to file appellant's opening brief. |
| 07/25/2007 | Counsel's status report received (confidential) | from atty Gardner |
| 07/26/2007 | Counsel's status report received (confidential) | from HCRC |
| 07/27/2007 | Request for extension of time filed | to file appellant's opening brief. (3rd request) |
| 08/01/2007 | Request for extension of time filed | to file appellant's opening brief-supplemental. (3rd request) |
| 08/08/2007 | Extension of time granted | Good cause appearing, and based upon counsel Cliff Gardner's representation that he anticipates filing the appellant's opening brief by October 2007, counsel's request for an extension of timein which to file that brief is granted to October 9, 2007. After that date, no further extension is contemplated. |
| 09/05/2007 | Change of contact information filed for: | HCRC. |
| 09/05/2007 | Motion to unseal record filed (AA) | by appellant. |
| 09/21/2007 | Opposition filed | by respondent to application for order unsealing portions of the record on appeal. |
| 09/24/2007 | Counsel's status report received (confidential) | from HCRC. |
| 10/04/2007 | Compensation awarded counsel | Atty Neuhoff |
| 10/04/2007 | Request for extension of time filed | to file appellant's opening brief. (4th request) |
| 10/11/2007 | Extension of time granted | Good cause appearing, and based upon counsel Cliff Gardner's representation that he anticipates filing the appellant's opening brief by November 2, 2007, counsel's request for an extension of timein which to file that brief is granted to November 2, 2007. After that date, no further extension is contemplated. |
| 11/05/2007 | Request for extension of time filed | to file appellant's opening brief. (5th request) |
| 11/08/2007 | Extension of time granted | Good cause appearing, and based upon counsel Cliff Gardner's representation that he anticipates filing the appellant's opening brief by December 3, 2007, counsel's request for an extension of time in which to file that brief is granted to December 3, 2007. After that date, no further extension is contemplated. |
| 11/14/2007 | Order filed | Appellant O'Malley's "Application for Order Unsealing Portions of Record on Appeal," filed on September 5, 2007, is granted in part and denied in part, as follows:1) The application to unseal, or in the alternative for access to, the prison records of Rex Sheffield is denied.2) The application to unseal, or in the alternative for access to, the sealed transcript of the June 5, 1991, in camera hearing at which the court considered appellant's request to discover Rex Sheffield's prison records {R.T. 5409-5413} is granted in part. The Clerk of this court is directed to provide a copy of the transcript to appellant's appointed appellate and habeas corpus counsel and to counsel for respondent. Counsel for appellant and respondent must not share the transcript with any person other than appellant's assisting counsel. Use of the transcript is limited to thisappeal and to any petition for writ of habeas corpus challenging the lawfulness of appellant's confinement pursuant to the underlying judgment of death. To the extent the parties quote or describe the content of the transcript in court papers or briefs, the parties must seek permission to file such papers or briefs under seal pursuant to rule 8.160 of the California Rules of Court. (See Cal. Rules of Court, rule 8.160(e) & (g).) The transcript is to remain under seal.3) The application to unseal, or in the alternative for access to, the sealed transcripts of the in camera hearings at which prospective prosecution witnesses Joseph Martinez, Carol Hosac, Steve Dyson, Gail Sheffield, and Greg Hosac asserted their Fifth Amendment privileges against self-incrimination {R.T. 4441-4446, 4460-4462, 4474-4476, 4947-4951, 6429-6431} is granted in part. The court has reviewed the transcripts and has redacted material protected by the attorney-client privilege. The Clerk of this court is directed to provide copies of the transcripts, so redacted, to appellant's appointed appellate and habeas corpus counsel and to counsel for respondent. Counsel for appellant and respondent must not share the transcripts with any person other than appellant's assisting counsel. Use of the transcripts is limited to this appeal and to any petition for writ of habeas corpus challenging the lawfulness of appellant's confinement pursuant to the underlying judgment of death. To the extent the parties quote or describe the content of the transcripts in court papers or briefs, the parties must seek permission to file such papers or briefs under sealpursuant to rule 8.160 of the California Rules of Court. (See Cal. Rules of Court, rule 8.160(e) & (g).) The transcripts are to remain under seal.4) The clerk of this court is directed to seal the court's copy of pages 4947-4951 of the Reporter's Transcript, consisting of the in camera hearing at which Gail Sheffield asserted her FifthAmendment privilege against self-incrimination, which the trial court inadvertently did not seal. To the extent the parties already possess a copy of this transcript, they are directed to complywith the provisions of paragraph 3) of this order with respect to such transcript. |
| 11/20/2007 | Counsel's status report received (confidential) | from HCRC. |
| 11/28/2007 | Appellant's opening brief filed | (65,366 words; 285 pp.) |
| 11/28/2007 | Note: | respondent's brief is due December 28, 2007. |
| 12/07/2007 | Compensation awarded counsel | Atty Gardner |
| 12/11/2007 | Request for extension of time filed | to file respondent's brief.(1st request) |
| 12/17/2007 | Extension of time granted | Good cause appearing, and based upon Deputy Attorney General Nanette Winaker's representation that she anticipates filing the respondent's brief by December 1, 2008, counsel's request for an extension of time in which to file that brief is granted to February 26, 2008. After that date, only five further extensions totaling about 290 additional days are contemplated. |
| 01/22/2008 | Counsel's status report received (confidential) | from HCRC. |
| 02/21/2008 | Request for extension of time filed | to file respondent's brief. (2nd request) |
| 02/25/2008 | Extension of time granted | Good cause appearing, and based upon Deputy Attorney General Nanette Winaker's representation that she anticipates filing the respondent's brief by December 1, 2008, counsel's request for an extension of time in which to file that brief is granted to April 28, 2008. After that date, only four further extensions totaling about 230 additional days are contemplated. |
| 03/24/2008 | Counsel's status report received (confidential) | from HCRC. |
| 04/21/2008 | Request for extension of time filed | to file respondent's brief. (3rd request) |
| 04/29/2008 | Extension of time granted | Good cause appearing, and based upon Deputy Attorney General Nanette Winaker's representation that she anticipates filing the respondent's brief by April 1, 2009, counsel's request for an extension of time in which to file that brief is granted to June 27, 2008. After that date, only five further extensions totaling about 275 additional days are contemplated. |
| 05/01/2008 | Filed: | respondent's "Amended Declaration of Service by U.S. Mail" for third request for extension of time to file respondent's brief. |
| 05/21/2008 | Counsel's status report received (confidential) | from HCRC. |
| 06/24/2008 | Request for extension of time filed (AA) | to file respondent's brief. (4th request) |
| 06/26/2008 | Extension of time granted | Good cause appearing, and based upon Deputy Attorney General Nanette Winaker's representation that she anticipates filing the respondent's brief by May 31, 2009, counsel's request for an extension of time in which to file that brief is granted to August 26, 2008. After that date, only five further extensions totaling about 275 additional days are contemplated. |
| 07/21/2008 | Counsel's status report received (confidential) | from HCRC. |
| 08/19/2008 | Request for extension of time filed (AA) | to file respondent's brief. (5th request) |
| 08/21/2008 | Extension of time granted | Good cause appearing, and based upon Deputy Attorney General Nanette Winaker's representation that she anticipates filing the respondent's brief by May 31, 2009, counsel's request for an extensionof time in which to file that brief is granted to October 24, 2008. After that date, only four further extensions totaling about 220 additional days are contemplated. |
| 09/17/2008 | Counsel's status report received (confidential) | from HCRC. |
| 10/17/2008 | Request for extension of time filed (AA) | to file respondent's brief. (6th request) |
| 10/22/2008 | Extension of time granted | Good cause appearing, and based upon Deputy Attorney General Nanette Winaker's representation that she anticipates filing the respondent's brief by May 31, 2009, counsel's request for an extension of time in which to file that brief is granted to December 23, 2008. After that date, only three further extensions totaling about 160 additional days are contemplated. |
| 11/18/2008 | Counsel's status report received (confidential) | from HCRC. |
| 12/16/2008 | Request for extension of time filed (AA) | to file respondent's brief. (7th request) |
| 12/23/2008 | Extension of time granted | Good cause appearing, and based upon Deputy Attorney General Nanette Winaker's representation that she anticipates filing the respondent's brief by May 31, 2009, counsel's request for an extension of time in which to file that brief is granted to February 23, 2009. After that date, only two further extensions totaling about 100 additional days are contemplated. |
| 01/09/2009 | Motion for access to sealed record filed | by respondent, "Motion for Confidential Transcripts" |
| 01/21/2009 | Counsel's status report received (confidential) | from HCRC. |
| 02/13/2009 | Request for extension of time filed (AA) | to file respondent's brief. (8th request) |
| 02/23/2009 | Extension of time granted | Good cause appearing, and based upon Deputy Attorney General Nanette Winaker's representation that she anticipates filing the respondent's brief by May 31, 2009, counsel's request for an extension of time in which to file that brief is granted to April 24, 2009. After that date, only one further extension totaling about 40 additional days is contemplated. |
| 03/06/2009 | Letter sent to: | attorney Gardner advising that appellant's opening brief appears to have been filed in violation of rule 8.160(g) of the California Rules of Court. Counsel is directed to inform the court (1) whetherthe cited transcripts are no longer in fact sealed, with citation to where in the record they were ordered unsealed, (2) whether he wishes to withdraw the opening brief and serve and file a newopening brief that does not disclose sealed materials to be served and filed on or before 60 days from the date of this letter and accompanied by an application for an order to file under seal any portions of the brief referring to sealed materials (Cal. Rules of Court, rule 8.160(e)), or (3) whether he will file a motion to unseal the confidential records, addressing all of the five factors the court must consider in deciding the motion. (Cal. Rules of Court, rules 8.160(f), 2.550(c)-(e).) Counsel is to advise the court and counsel for respondent by March 23, 2009, which of these alternatives he intends to pursue. |
| 03/18/2009 | Motion to unseal record filed (AA) | by appellant, "Application for Order Unsealing Portions of the Record on Appeal" |
| 03/23/2009 | Counsel's status report received (confidential) | from HCRC. |
| 04/10/2009 | Motion for access to sealed record filed | by respondent, "Motion for Sealed Transcripts" |
| 04/17/2009 | Request for extension of time filed | to file respondent's brief. (9th request) |
| 04/22/2009 | Extension of time granted | Good cause appearing, and based upon Deputy Attorney General Nanette Winaker's representation that she anticipates filing the respondent's brief by July 30, 2009, counsel's request for an extension of time in which to file that brief is granted to June 24, 2009. After that date, only one further extension totaling about 36 additional days is contemplated. |
| 04/22/2009 | Record ordered unsealed | Appellant's "Application for Order Unsealing Portions of Record on Appeal," filed March 18, 2009, is granted. The clerk is directed to unseal and make part of the public record the following sealed materials: 1. Volume 55, pages 11,314 through 11,317 (Reporter's Transcript of the In Camera Hearing held on August 20, 1991), 2. Volume 55, pages 11,327 through 11,338 (Reporter's Transcript of the In Camera Hearing held on August 27, 1991), 3. Volume 55, pages 11,364 through 11,381 (Reporter's Transcript of the In Camera Hearing held on September 11, 1991), and 4. Reporter's Transcript of Proceedings Held on September 24, 1991, pages 11,535 through 11,542. The clerk is further directed to provide a copy of these documents to counsel for respondent. Respondent's" Motion for Confidential Transcripts," filed January 9, 2009, is therefore denied as moot. Corrigan, J., was absent and did not participate. |
| 04/30/2009 | Letter sent to: | counsel regarding respondent's Motion for Sealed Transcripts, filed April 10, 2009, requesting that the court provide copies of Sealed Juror Questionnaires appearing in Volumes 25 and 26 of the First Augmented Clerk's Transcript. (Sealed 25 CT 6059-6188 and Sealed 26 CT 5773-6058). In the course of reviewing respondent's request for the sealed questionnaires, the court has determined that appellant's opening brief appears to have been filed in violation of rule 8.160(g) of the California Rules of Court. That provision expressly provides that "[a] record filed publicly in the reviewing court must not disclose material contained in a record that is sealed . . . ." Argument I in appellant's opening brief refers to information in the juror questionnaires, which were sealed by the trial court. (See AOB 57, 59.) The opening brief was not accompanied by a request that the court unseal the sealed records. (See Cal. Rules of Court, rule 8.160(f)(2).) Nor was there an application to file Argument I under seal. (Cal. Rules of Court, rule 8.160(e).) It is considering whether to unseal, on the court's own motion, the documents that are the subject of respondent's motion for sealed transcripts. Counsel are invited to serve and file a response, if they wish, on or before May 22, 2009, addressing whether the documents in question are "required to be kept confidential by law" (Cal. Rules of Court, rule 8.160(a)), and if not, whether "(1) [t]here exists an overriding interest that overcomes the right of public access"; "(2) [t]he overriding interest supports [continued] sealing"; "(3) [a] substantial probability exists that the overriding interest will be prejudiced" in the absence of continued sealing; "(4) [t]he proposed [continued] sealing is narrowly tailored"; and "(5) [n]o less restrictive means exist to achieve the overriding interest" (id., rule 2.550(d)). (See id., rule 8.160(f)(4).) |
| 05/15/2009 | Filed: | letter from attorney Cliff Gardner, dated May 8, 2009, in response to court's letter of April 30, 2009. |
| 05/22/2009 | Counsel's status report received (confidential) | Defendant and Appellant: James Francis O'Malley Attorney: Habeas Corpus Resource Center |
| 06/17/2009 | Record ordered unsealed | On the court's own motion, the clerk is directed to unseal and make part of the public record the following sealed materials: 1. Volume 26, pages 5773 through 6058 (Clerk's Transcript of Prospective Jury Questionnaire, Seated Jurors 1 through 11); also paginated as Volume 24, pages 6283 through 6568 (1st Aug. Clerk's Transcript of Prospective Jury Questionnaire, Seated Jurors 1 through 11); 2. Volume 27, pages 6059 through 6188 (Clerk's Transcript of Prospective Jury Questionnaire, Seated Juror #12, Alternates #1, 2, and 3, Alternate #4, changed to Alternate #3); also paginated as Volume 25, pages 6569 through 6698 (1st Aug. Clerk's Transcript of Prospective Jury Questionnaire, Seated Juror #12, Alternates #1, 2, and 3, Alternate #4, changed to Alternate #3). The clerk is further directed to provide a copy of these documents to counsel for respondent. Respondent's Motion for Sealed Transcripts, filed April 10, 2009, is therefore denied as moot. |
| 06/18/2009 | Request for extension of time filed | to file respondent's brief. (10th request) |
| 06/23/2009 | Extension of time granted | Good cause appearing, and based upon Deputy Attorney General Nanette Winaker's representation that she anticipates filing the respondent's brief by August 30, 2009, counsel's request for an extension of time in which to file that brief is granted to August 31, 2009. After that date, no further extension is contemplated. |
| 07/21/2009 | Counsel's status report received (confidential) | Defendant and Appellant: James Francis O'Malley Attorney: Habeas Corpus Resource Center |
| 08/20/2009 | Request for extension of time filed | to file respondent's brief. (11th request) |
| 08/26/2009 | Extension of time granted | Good cause appearing, and based upon Deputy Attorney General Nanette Winaker's representation that she anticipates filing the respondent's brief by September 13, 2009, counsel's request for an extension of time in which to file that brief is granted to September 14, 2009. After that date, no further extension is contemplated. |
| 09/01/2009 | Respondent's brief filed | Plaintiff and Respondent: The People Attorney: Attorney General - San Francisco Office (57,837 words; 182 pp.) |
| 09/01/2009 | Note: | Pursuant to California Rules of Court, rule 8.360(c)(3), appellant's reply brief is due on or before September 21, 2009. |
| 09/17/2009 | Request for extension of time filed | to file appellant's reply brief. (1st request) |
| 09/21/2009 | Counsel's status report received (confidential) | Defendant and Appellant: James Francis O'Malley Attorney: Habeas Corpus Resource Center |
| 09/25/2009 | 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 is extended to and including November 20, 2009. |
| 10/13/2009 | Compensation awarded counsel | Atty Neuhoff |
| 11/20/2009 | Request for extension of time filed | to file appellant's reply brief. (2nd request) |
| 11/20/2009 | Counsel's status report received (confidential) | Defendant and Appellant: James Francis O'Malley Attorney: Habeas Corpus Resource Center |
| 12/02/2009 | 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 is extended to and including January 19, 2010. |
| 01/13/2010 | Compensation awarded counsel | Atty Neuhoff |
| 01/19/2010 | Request for extension of time filed | to file appellant's reply brief. (3rd request) |
| 01/21/2010 | Counsel's status report received (confidential) | Defendant and Appellant: James Francis O'Malley Attorney: Habeas Corpus Resource Center |
| 01/25/2010 | Extension of time granted | Good cause appearing, and based upon counsel Cliff Gardner's representation that he anticipates filing the appellant's reply brief by April 2010, counsel's request for an extension of time in which to file that brief is granted to March 22, 2010. After that date, only one further extension totaling about 30 additional days is contemplated. |
| 03/19/2010 | Request for extension of time filed | to file appellant's reply brief. (4th request) |
| 03/22/2010 | Counsel's status report received (confidential) | Defendant and Appellant: James Francis O'Malley Attorney: Habeas Corpus Resource Center |
| 03/23/2010 | Filed: | corrected certificate of service for request for extension of time to file appellant's reply brief. (4th request) |
| 03/26/2010 | Extension of time granted | Good cause appearing, and based upon counsel Cliff Gardner's representation that he anticipates filing the appellant's reply brief by April 21,2010, counsel's request for an extension of time in which to file that brief is granted to April 22, 2010. After that date, no further extension is contemplated. |
| 04/16/2010 | Request for extension of time filed | to file appellant's reply brief. (5th request) |
| 04/22/2010 | Extension of time granted | Good cause appearing, and based upon counsel Cliff Gardner's representation that he anticipates filing the appellant's reply brief by April 29, 2010, counsel's request for an extension of time in which to file that brief is granted to April 29, 2010. After that date, no further extension is contemplated. |
| 04/26/2010 | Appellant's reply brief filed | Defendant and Appellant: James Francis O'Malley Attorney: Cliff Gardner (24,440 words; 107 pp.) |
| 05/06/2010 | Compensation awarded counsel | Atty Gardner |
| 05/06/2010 | Compensation awarded counsel | Atty Neuhoff |
| 05/25/2010 | Counsel's status report received (confidential) | Defendant and Appellant: James Francis O'Malley Attorney: Habeas Corpus Resource Center |
| 07/27/2010 | Counsel's status report received (confidential) | Defendant and Appellant: James Francis O'Malley Attorney: Habeas Corpus Resource Center |
| 08/02/2010 | Change of contact information filed for: | Cliff Gardner, Attorney at Law |
| 09/24/2010 | Counsel's status report received (confidential) | Defendant and Appellant: James Francis O'Malley Attorney: Habeas Corpus Resource Center |
| 10/21/2010 | Compensation awarded counsel | Atty Neuhoff |
| 10/26/2010 | Related habeas corpus petition filed (concurrent) | by the Habeas Corpus Resource Center, case no. S187622. |
| 12/21/2010 | Compensation awarded counsel | Atty Neuhoff |
| 04/10/2013 | Application filed | by appellant, "Application for Order Permitting Filing of Supplemental (opening) Brief" |
| 04/10/2013 | Received: | Supplemental Opening Brief (3,502 words; 18 pp.) |
| 04/12/2013 | Filed: | by appellant, "Application for Order Permitting Filing of Oversize Supplemental Brief" |
| 04/23/2013 | Opposition filed | Plaintiff and Respondent: The People Attorney: Attorney General - San Francisco Office by respondent, "Opposition to Appellant's Application for an Order Permitting the Filing of a Supplemental Brief" |
| 05/15/2013 | Compensation awarded counsel | Atty Neuhoff |
| 07/10/2013 | Order filed | Appellant's "Application for Order Permitting Filing of Oversize Supplemental Brief," filed April 12, 2013, is granted. The Respondent may file a response within 30 days of the date of this order; any reply thereto must be served and filed within 30 days thereafter. |
| 07/10/2013 | Supplemental brief filed | Defendant and Appellant: James Francis O'Malley Attorney: Cliff Gardner Appellant's Supplmental Opening Brief (3,502 words; 18 pp.) |
| 07/30/2013 | Supplemental brief filed | Plaintiff and Respondent: The People Attorney: Attorney General - San Francisco Office by respondent, People's Response to Appellant's "Supplemental Opening Brief" (3,062 words; 11 pp.) |
| 09/05/2013 | Filed: | Letter from Deputy Attorney General Nanette Winaker, dated September 5, 2013, advising she will be unavailable for oral argument from October 30, 2013 through November 4, 2013. |
| 08/28/2014 | Filed: | Letter from Deputy Attorney General Nanette Winaker, dated August 28, 2014, advising she will be unavailable for oral argument from November 7, 2014 through November 13, 2014. |
| 09/29/2015 | Oral argument letter sent | to counsel advising that the court could schedule this case for argument as early as the November calendar, to be held the week of November 2, 2015, in Sacramento. The court requests that counsel advise the court and opposing counsel by letter of those issues on which counsel expects to focus the argument. The focus letter should identify the subject of their argument with a short statement of the issue (e.g., the argument heading from the briefs) and the number or letter representing the argument in their briefs. The focus letter should not contain any additional argument, citations to authorities, etc. A party's specification of focus issues will not limit counsel's argument or constrain the court from addressing at oral argument or in its opinion any issue properly raised in the case. If a party wishes to bring to the court's attention new authorities, new legislation, or other matters that were not available in time to be included in the party's brief on the merits, the party must comply with rules 8.630(d) and 8.520(d). The focus letter, notification that two counsel are required, and any request for oral argument time in excess of 30 minutes must be submitted to the court and served on opposing counsel within 10 days after the order setting the case for argument is filed. |
| 09/30/2015 | Filed: | Letter, dated September 30, 2015, from Nanette Winaker, Deputy Attorney General, advising she will be unavailable for the November 2015, oral argument and requests that the court not schedule this case during this time period. |
| 10/01/2015 | Filed: | Letter, dated September 29, 2015, from Cliff Gardner, Attorney at Law, advising that he will be unavailable for the November 2015, oral argument calendar. He requests oral argument for this case be scheduled no earlier than the December 2015 calendar. |
| 10/29/2015 | Case ordered on calendar | to be argued on Tuesday, December 1, 2015 at 1:30 p.m., in Los Angeles. |
| 11/02/2015 | Received: | appearance sheet from Deputy Attorney General Nanette Winaker, indicating 30 minutes for oral argument for respondent |
| 11/10/2015 | Received: | appearance sheet from Attorney at Law, Cliff Gardner, indicating 30 minutes for oral argument for appellant |
| 11/10/2015 | Compensation awarded counsel | Atty Neuhoff |
| 11/16/2015 | Filed: | appellant's focus issues letter, dated November 10, 2015 |
| 11/16/2015 | Filed: | respondent's focus issues letter, dated November 16, 2015 |
| 11/20/2015 | Filed: | respondent's additional authorities letter, dated November 20, 2015 |
| 12/01/2015 | Cause argued and submitted | |
| 12/09/2015 | Compensation awarded counsel | Atty Gardner |
| 02/03/2016 | Compensation awarded counsel | Atty Neuhoff |
| 02/17/2016 | Notice of forthcoming opinion posted | To be filed Thursday, February 18, 2016 at 10:00 a.m. |
| 02/18/2016 | Opinion filed: Judgment affirmed in full | Majority Opinion by Kruger, J. -----joined by Cantil-Sakauye, C.J., Werdegar, Chin, Corrigan, Liu and Cuéllar, JJ. |
| 03/03/2016 | Rehearing petition filed | Defendant and Appellant: James Francis O'Malley Attorney: Cliff Gardner (3,498 words; 15 pp.) |
| 03/04/2016 | Time extended to consider modification or rehearing | The time for granting or denying rehearing in the above-entitled case is hereby extended to and including May 18, 2016, or the date upon which rehearing is either granted or denied, whichever occurs first. |
| 03/23/2016 | Rehearing denied | Kruger, J., was absent and did not participate. |
| 03/23/2016 | Remittitur issued | |
| 04/05/2016 | Compensation awarded counsel | Atty Gardner |
| 05/05/2016 | Received: | acknowledgment receipt for remittitur |
| 06/10/2016 | Received: | copy of petition for writ of certiorari (25 pp. excluding appendices A & B and motion for leave to proceed in forma pauperis) |
| 06/20/2016 | Received: | Letter from U.S.S.C., dated June 13, 2016, advising the petition for writ of certiorari in this case was filed on June 8, 2016 and placed on the docket June 13, 2016, as No. 15-9704. |
| 06/22/2016 | Compensation awarded counsel | Atty Neuhoff |
| 08/16/2016 | Application filed | by appellant, Application for Order Unsealing Portion of Record on Appeal |
| 08/16/2016 | Lodged: | *****UNDER SEAL***** Exhibit B in Support of Application to Unseal portion of record on appeal |
| 08/19/2016 | Filed: | by appellant, Supplemental Certificate of Service for Application for Order Unsealing Portion of Record on Appeal |
| 08/25/2016 | Received: | copy of brief in opposition to petition for writ of certiorari (18 pp.) |
| 08/25/2016 | Received: | copy of reply to brief in opposition to petition for writ of certiorari (15 pp.) |
| 09/20/2016 | Compensation awarded counsel | Atty Neuhoff |
| 10/03/2016 | Certiorari denied by U.S. Supreme Court | |
| 10/12/2016 | Motion denied | Appellant's "Application for Order Unsealing Portion of Record on Appeal," filed on August 16, 2016, for the purpose of allowing appellant's appointed counsel to provide appellant with a copy of a sealed document filed by appellant's former appointed counsel, is denied as unnecessary. |
Briefs
PEOPLE v. O'MALLEY (JAMES FRANCIS)
Division SF
Division SF
Case Number S024046
| Brief | Date Filed | Party and Attorney | Notes |
|---|---|---|---|
| Appellant's opening brief filed | 11/28/2007 | (65,366 words; 285 pp.) | |
| Respondent's brief filed | 09/01/2009 | (57,837 words; 182 pp.) | |
| Appellant's reply brief filed | 04/26/2010 | (24,440 words; 107 pp.) |
Disposition
PEOPLE v. O'MALLEY (JAMES FRANCIS)
Division SF
Division SF
Case Number S024046
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 |
|---|---|
| 02/18/2016 | Opinion: Affirmed |
Lower Court
PEOPLE v. O'MALLEY (JAMES FRANCIS)
Division SF
Division SF
Case Number S024046
No Court of Appeal data found.