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United States Court Cases

California Second Appellate District Record

The People v. King Division 1

Parties and Attorneys

The People v. King
Division 1
Case Number B210909
Party Attorney
The People : Plaintiff and Respondent
Office of the Attorney General
300 South Spring Street
Fifth Floor, North Tower
Los Angeles, CA 90013

Contact Name: Yun K. Lee

Ian Mitchel King : Defendant and Appellant
P.O. Box 2229
Blythe, CA 92226
Gerson S. Horn
Law Office Of
11661 San Vicente Blvd.
Suite 903
Los Angeles, CA 90409

Jerald W. Newton
P.O. Box 10149
Sedona, AZ 86339



Case Summary

Trial Court Case:
BA323140
Court of Appeal Case:
B210909
Supreme Court Case:
S183041
Division:
1
Case Caption:
The People v. King
Case Type:
CR
Filing Date:
09/05/2008
Completion Date:
08/24/2010
Oral Argument Date/Time:
02/23/2010 09:00 AM


Docket (Register of Actions)

The People v. King
Division 1
Case Number B210909
Date Description Notes
09/25/2008 Notice of appeal lodged/received (criminal). NA 09/05/08 (Ian Mitchel King)

Private Counsel
09/30/2008 Note: h/f cardex correction
11/03/2008 Record on appeal filed. c-2 (548 pgs), r-7, pr-1
12/01/2008 Association of attorneys filed for: appellant; attorney G. Horn associates attorney Jerald W. Newton
12/04/2008 Record omission letter received. attorney Newton for aplt; clerk'sdtd 12-1-08
12/05/2008 Letter sent to: 8.340 briefing stayed
01/16/2009 Received: fm crim appeals 8.340 partial turndown dtd 1-16-08
01/21/2009 Supplemental record/transcript filed. 8.340 clerkc-1 (23 pgs)
02/02/2009 Returned document for non-conformance. Appellant's motion to augment the record on appeal is returned to attorney Gerson S. Horn. Motion with attachments should be bound on left side and include tabs at each exhibit on right side. Please provide index in regards to attached exhibits. Also, all motions should have blue covers front & back
02/05/2009 Motion/application to augment record filed. by aplt; documents attached; +clk's (7/28/08 deft social history under seal) +30 days AOB
02/19/2009 Augmentation granted. (See order.) filed 2/5/09 by aplt; document's attached; +superior court to prepare clk's (deft social history w/attachments dtd 7/21/08) +30 days aob
02/19/2009 Augmentation order faxed to: crim appeals dt of order 2-19-09
03/06/2009 Augmented record filed. clk'sc-1 (3 pgs) includes cert of clerk re item requested is not in sc file
03/24/2009 Received: Motion to augment by attorney Horn and Newton; docs attached (entitled under seal)
03/26/2009 Application filed to: to file appellant's second motion to augment under seal by attorney Horn
04/08/2009 Augmentation granted. (See order.) document attached to motion received 3/24/09 is deemed part of the record on appeal and is filed under seal.
04/08/2009 Augmented record filed. 1 envelope (cc of defendant's social history filed 7/21/08 in superior court UNDER SEAL)**SEALED**
04/27/2009 Appellant's opening brief. Defendant and Appellant: Ian Mitchel King
Attorney: Gerson S. Horn
Attorney: Jerald W. Newton
05/08/2009 Motion filed. Appellant's Motion for Bail
05/21/2009 Opposition filed. Opposition to Appellant's Motion for Bail Pending Appeal filed by Respondent
05/26/2009 Requested - extension of time
Respondent's brief. Requested for 06/26/2009 By 30 Day(s)
05/27/2009 Granted - extension of time.
Respondent's brief. Due on 06/26/2009 By 30 Day(s)
05/29/2009 Order filed. Appellant King's motion for bail pending appeal filed on May 8, 2009, is DENIED.
06/25/2009 Requested - extension of time
Respondent's brief. Requested for 07/27/2009 By 31 Day(s)
06/25/2009 Granted - extension of time.
Respondent's brief. Due on 07/27/2009 By 31 Day(s)
06/26/2009 Note: Resent extension grant to reflect Responden'ts Brief
07/23/2009 Requested - extension of time
Respondent's brief. Requested for 08/25/2009 By 29 Day(s)
07/24/2009 Granted - extension of time.
Respondent's brief. Due on 08/25/2009 By 29 Day(s)
08/24/2009 Requested - extension of time
Respondent's brief. Requested for 09/24/2009 By 30 Day(s)
08/26/2009 Granted - extension of time.
Respondent's brief. Due on 09/24/2009 By 30 Day(s)
09/14/2009 Respondent's brief. Plaintiff and Respondent: The People
Attorney: Office of the Attorney General
09/30/2009 Requested - extension of time
10/01/2009 Granted - extension of time.
10/28/2009 Case fully briefed. no ARB
10/30/2009 Appellant's reply brief. Defendant and Appellant: Ian Mitchel King
Attorney: Gerson S. Horn
Attorney: Jerald W. Newton timely, crc 8.25 via priority mail
10/30/2009 Filed letter from: atty. Jerald W. Newton, counsel for appellant re: Oral argument is requested in this matter. Counsel will be unavailable from 12/21/2009 through 12/29/2009
11/19/2009 Exhibits received from county clerk. One pkg of rolled charts. (BA323140).
12/28/2009 Calendar notice sent. Calendar date: 1/26/10 @ 9:00 a.m.
01/21/2010 Order filed. On the court's own motion, oral argument is ordered off calendar.
01/28/2010 Calendar notice sent. Calendar date: February 23, 2010 @ 9:00 a.m.
02/09/2010 Exhibits received from county clerk. One env. (BA323140).
Peo's #20/6 pak.
02/23/2010 Cause argued and submitted.
04/16/2010 Exhibits returned to county clerk. One env. (BA323140).
Peo's #20/6 pak.
04/16/2010 Opinion filed. (Signed Published)
04/16/2010 Exhibits returned to county clerk. One pkg of rolled charts. (BA3231404/20/2010 Sup. Ct. p/u by Sharon D.
05/04/2010 Rehearing petition filed. by atty. Jerald Newton for appellant
*timely, crc 8.25, via FedEx overnight*
05/17/2010 Mod. of opinion filed (no change in judgment). and denying petition for rehearing.
05/28/2010 Service copy of petition for review received.
05/28/2010 Record transmitted to Supreme Court. 1x6"
07/19/2010 Ext. by Supreme Court re: petition for hearing filed: ext to 8-25-10
07/26/2010 Record transmitted to Supreme Court. 1x6"
08/11/2010 Petition for review denied in Supreme Court.
08/23/2010 Record returned from Supreme Court. 2x6"
08/24/2010 Remittitur issued.
08/24/2010 Case complete.
03/06/2013 Record returned from Supreme Court. 2x6"
03/06/2013 Record returned from Supreme Court. 2x6"
03/08/2013 Record returned to archives. box# 360396415 (basement J*12)


Briefs

The People v. King
Division 1
Case Number B210909
Brief Due Date Date Filed Party and Attorney Notes
Appellant's opening brief. 04/27/2009 Defendant and Appellant: Ian Mitchel King
Attorney: Gerson S. Horn
Attorney: Jerald W. Newton

Respondent's brief. 09/14/2009 Plaintiff and Respondent: The People
Attorney: Office of the Attorney General

Appellant's reply brief. 10/30/2009 Defendant and Appellant: Ian Mitchel King
Attorney: Gerson S. Horn
Attorney: Jerald W. Newton
timely, crc 8.25 via priority mail


Future Scheduled Actions

The People v. King
Division 1
Case Number B210909

No information found.



Disposition

The People v. King
Division 1
Case Number B210909
Description:
Affirmed in full
Date:
04/16/2010
Disposition Type:
Final
Publication Status:
Signed Published
Author:
Johnson, Jeffrey W.
Participants:
Chaney, Victoria Gerrard (Concur)
Rothschild, Frances (Concur)
Case Citation:
none


Trial Court

The People v. King
Division 1
Case Number B210909
Trial Court Name:
Los Angeles County Superior Court
County:
Los Angeles
Trial Court Case Number:
BA323140
Trial Court Judge:
Revel, Marsha
Trial Court Judgment Date:
09/05/2008