Parties and Attorneys
The People v. Kurney
Case Number F074559
| Party | Attorney |
|---|---|
| The People : Plaintiff and Respondent | Office of the Attorney General P. O. Box 944255 Sacramento, CA 94244 Marcia A. Fay Office of the Attorney General P. O. Box 944255 1300 I Street, Suite 125 Sacramento, CA 94244-2500 |
| Ira Lee Kurney : Defendant and Appellant Kern Valley State Prison P.O. Box 5105 Delano, CA 93216 | Ross Thomas 4104 24th Street, Suite 411 San Francisco, CA 94114 |
| Central California Appellate Program : Information only 2150 River Plaza Drive, Suite 300 Sacramento, CA 95833 | Central California Appellate Program 2150 River Plaza Dr., Ste. 300 Sacramento, CA 95833 |
Case Summary
Trial Court Case:
DF012088A
Court of Appeal Case:
F074559
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
Case Caption:
The People v. Kurney
Case Type:
CR
Filing Date:
10/18/2016
Completion Date:
07/02/2018
Oral Argument Date/Time:
Docket (Register of Actions)
The People v. Kurney
Case Number F074559
| Date | Description | Notes |
|---|---|---|
| 10/24/2016 | Notice of appeal lodged/received (criminal). | poss./purchase for sale of contr. substance; 6 day j/t; sent. 8 yrs; request for counsel in NOA; copy to CCAP |
| 10/24/2016 | Notice to reporter to prepare transcript. | sent to ctrrs McGarry, Bertolucci and Cunha on 10/18/16 |
| 11/09/2016 | Court reporter extension granted. | Record on appeal filed. Due on 01/06/2017 By 60 Day(s) 1st Request by CSR McGarry |
| 01/27/2017 | Order filed. | The record on appeal has not been received within the timeframe prescribed by law. Accordingly, within 30 days of the date of this order, the Court Executive Officer of the Kern County Superior Court is directed to take one of the following actions: (1) Send the original appellate records to the Clerk of this Court, including any reporter's transcripts properly certified (See Cal. Rules of Court, rule 8.150(a)); (2) Secure the stenographic notes of any delinquent certified shorthand reporter and arrange for them to be transcribed and certified by an alternate certified shorthand reporter. Send the original appellate records to the Clerk/Administrator of this Court, including the reporter's transcripts certified by the alternate certified shorthand reporter (See Cal. Rules of Court, rule 8.150(a); see also People v. Chessman (1950) 35 Cal.2d 455, 459, 461[transcription and certification of reporter's transcripts by a certified shorthand reporter based on the stenographic notes of another reporter]); (3) Notify this court and all parties that specific portions of the proceedings cannot be transcribed, in which case the appeals will proceed by way of agreed statements or settled statements as to those portions of the proceedings (see Cal. Rules of Court, rules 8.130(g)(1); 8.134, 8.137, 8.344, 8.346; see generally People v. Chessman, supra, 35 Cal.2d 455). |
| 02/16/2017 | Record on appeal filed. | C2/391 pages (e-filed); R4/481 pages Master Index; letter sent regarding record filed & AOB due w/40 daysRecord Delinquency Notice Sent 1/27/2017 |
| 02/16/2017 | Probation report filed. | C1/16 pages (e-filed) |
| 02/23/2017 | Filed order appointing counsel (C.C.A.P. review). | Atty: Thomas for appellant Kurney; AOB due w/30 days |
| 03/27/2017 | Record omission letter received. | Copy of reporter's transcript of hearing held on 7/12/16 and Copy of People's Exhibit 32 |
| 04/06/2017 | Notice to reporter to prepare transcript. | sent to ctrr Cunha by superior court on 4/6/17 (augment) |
| 04/12/2017 | Filed augmented record pursuant to rule 8.340. | C1/17 pages (e-filed); R1/8 pages; per omission letter filed on 3/27/17 |
| 04/12/2017 | Letter sent advising that supplemental record has been filed. | AOB due w/30 days |
| 05/15/2017 | Granted - extension of time. | 1st request |
| 06/12/2017 | Granted - extension of time. | 2nd request |
| 07/12/2017 | Requested - extension of time | 3rd request |
| 07/13/2017 | Granted - extension of time. | 3rd request; approved by APJ |
| 08/14/2017 | Requested - extension of time | 4th request |
| 08/14/2017 | Granted - extension of time. | 4th request; reviewed & approved |
| 08/22/2017 | Appellant's opening brief. | Defendant and Appellant: Ira Lee Kurney Attorney: Ross Thomas |
| 09/18/2017 | Granted - extension of time. | 1st request |
| 09/26/2017 | Respondent's brief. | Plaintiff and Respondent: The People Attorney: Marcia A. Fay |
| 10/18/2017 | ARB not filed (time elapsed or notice no brief). | Defendant and Appellant: Ira Lee Kurney Attorney: Ross Thomas |
| 10/18/2017 | Case fully briefed. | |
| 04/18/2018 | 10 day letter sent (B.T.C. case). | |
| 04/19/2018 | Conditional waiver filed by: | AG Fay - CC/10 |
| 04/30/2018 | Argument waived, cause submitted. | Oral argument having been waived in the above-entitled case in accordance with the provisions of a notice mailed to counsel, the case is submitted for decision. |
| 04/30/2018 | Opinion filed. | (By the Court - Unpublished) The judgment and the trial court's ruling denying defendant's Pitchess motion are affirmed. Levy, Detjen, Smith; 9 pages. |
| 07/02/2018 | Remittitur issued. | |
| 07/02/2018 | Case complete. |
Briefs
The People v. Kurney
Case Number F074559
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Appellant's opening brief. | 08/22/2017 | Defendant and Appellant: Ira Lee Kurney Attorney: Ross Thomas | | |
| Respondent's brief. | 09/26/2017 | Plaintiff and Respondent: The People Attorney: Marcia A. Fay | | |
| ARB not filed (time elapsed or notice no brief). | 10/18/2017 | Defendant and Appellant: Ira Lee Kurney Attorney: Ross Thomas | |
Disposition
The People v. Kurney
Case Number F074559
Description:
Affirmed in full
Date:
04/30/2018
Disposition Type:
Final
The judgment and the trial court's ruling denying defendant's Pitchess motion are affirmed. Levy, Detjen, Smith; 9 pages.
The judgment and the trial court's ruling denying defendant's Pitchess motion are affirmed. Levy, Detjen, Smith; 9 pages.
Publication Status:
By the Court - Unpublished
Author:
Participants:
Levy, Herbert I. (Concur)
Smith, M. Bruce (Concur)
Detjen, Jennifer R.S. (Concur)
Smith, M. Bruce (Concur)
Detjen, Jennifer R.S. (Concur)
Case Citation:
none
Trial Court
The People v. Kurney
Case Number F074559
Trial Court Name:
Kern County Superior Court - Main
County:
Kern
Trial Court Case Number:
DF012088A
Trial Court Judge:
Brehmer, Charles
Trial Court Judgment Date:
10/18/2016