Parties and Attorneys
The People v. Malone
Division 3
Division 3
Case Number A108851
| Party | Attorney |
|---|---|
| The People : Plaintiff and Respondent | Office of the Attorney General 455 Golden Gate Avenue - Suite 1100 San Francisco, CA 94102 Contact Name: Peter E. Flores, Jr. |
| Jeffrey Ray Malone : Defendant and Appellant San Quentin State Prison San Quentin, CA 94974 | First District Appellate Project 730 Harrison Street - Suite 201 San Francisco, CA 94107 Gordon Stewart Brownell 1241 Adams St. PMB 1139 St Helena, CA 94574 |
Case Summary
Trial Court Case:
CR033708
Court of Appeal Case:
A108851
Supreme Court Case:
S142198
Division:
3
Case Caption:
The People v. Malone
Case Type:
CR
Filing Date:
12/29/2004
Completion Date:
Oral Argument Date/Time:
Docket (Register of Actions)
The People v. Malone
Division 3
Division 3
Case Number A108851
| Date | Description | Notes |
|---|---|---|
| 01/10/2005 | Notice of appeal lodged/received (criminal). | |
| 01/13/2005 | Received: | Notice of change of address from aplnt. (forwarded to FDAP) |
| 02/15/2005 | Counsel appointment order filed. | Gordon Brownell / ind / 40 |
| 02/25/2005 | Telephone conversation with: | Anne @ the superior court, the txs are complete and will be sent toDCA today. |
| 02/28/2005 | Notice of record completion received. | |
| 02/28/2005 | Record on appeal filed. | c-2-r-10confidential documents in re investigator fees (see orange envelopes) |
| 04/12/2005 | Default sent to court appointed counsel. | |
| 05/10/2005 | Requested - extension of time. | Appellant's opening brief. Requested for 06/13/2005 By 30 Day(s) Attorney: Brownell, Gordon Party: Malone, Jeffrey |
| 05/10/2005 | Granted - extension of time. | Appellant's opening brief. Due on 06/13/2005 By 30 Day(s) Attorney: Brownell, Gordon Party: Malone, Jeffrey |
| 06/10/2005 | Requested - extension of time. | Appellant's opening brief. Requested for 07/13/2005 By 30 Day(s) Attorney: Brownell, Gordon Party: Malone, Jeffrey |
| 06/16/2005 | Granted - extension of time. | Appellant's opening brief. Due on 07/13/2005 By 30 Day(s) Attorney: Brownell, Gordon Party: Malone, Jeffrey |
| 07/13/2005 | Appellant's opening brief. | Defendant and Appellant: Jeffrey Ray Malone Attorney: Gordon Stewart Brownell Attorney: Brownell, Gordon Party: Malone, Jeffrey |
| 07/13/2005 | Request filed to: | transmittal of sealed documents to aplnt's counsel only. |
| 08/02/2005 | Order filed. | Aplnt's unopposed request for transmittal of sealed documents isgranted. The clerk of this court shall forward a copy of the sealedmaterial, identified as sealed ex parte confidential declarationssubmitted to the trial court by aplnt and his trial defense counsel,to aplnt's counsel only. Counsel for aplnt shall return the sealeddocuments to the clerk of this court after review, and in any eventno later than concurrently with the filing of the AOB on appeal.(see full text) |
| 08/11/2005 | Filed letter from: | aplnt returning sealed documents (per 8/2/05 order). |
| 08/22/2005 | Respondent notified pursuant to rule 17(a)(2). | |
| 09/21/2005 | Respondent's brief. | Plaintiff and Respondent: The People Attorney: Office of the Attorney General Attorney: Office of the Attorney General Party: The People |
| 10/03/2005 | Application filed to: | request leave to file pro se supplemental brief or collateralpetition for writ of Habeas Corpus/brief in support, and motion toappoint counsel. |
| 10/07/2005 | Order filed. | Upon due consideration, appellant's request for permission to file asupplemental brief prepared in propria persona by appellant isdenied. As a general rule, except where court-appointed counsel hasfiled a brief pursuant to People v. Wende...., a defendant alreadyrepresented by an attorney of record will not be personallyrecognized by the court in the conduct of his or her case, and anysupplemental briefs or other documents submitted by such a defendantmay be stricken....In the alternative, however, appellant has styledhis brief a "pro se collateral petition for writ of habeas corpus,"with completed Judicial Council forms for a habeas petition attached.Accordingly, appellant's submission is construed as a petition forwirt of habeas corpus, and the clerk of this court is directed tofile it as such. Appellant's request for appointment of counsel isdeferred to consideration of the merits of the habeas corpuspetition. |
| 10/12/2005 | Appellant's reply brief. | Defendant and Appellant: Jeffrey Ray Malone Attorney: Gordon Stewart Brownell Attorney: Brownell, Gordon (40.1) Party: Malone, Jeffrey |
| 10/12/2005 | Case fully briefed. | |
| 11/03/2005 | Case on conference list. | list 05-11 |
| 11/03/2005 | Oral argument waiver notice sent. | |
| 11/09/2005 | Record to court for review. | |
| 11/15/2005 | Argument waived by: (no response - 10 day notice) | |
| 02/23/2006 | Opinion filed. | The judgment is affirmed. |
| 03/28/2006 | Service copy of petition for review received. | |
| 04/05/2006 | Record transmitted to Supreme Court. | |
| 05/11/2006 | Petition for review denied in Supreme Court. | George CJ was absent and did not participate |
| 05/18/2006 | Remittitur issued. | |
| 05/18/2006 | Case complete. | |
| 03/16/2007 | Shipped to state retention center, box # / list #: | L248 |
Briefs
The People v. Malone
Division 3
Division 3
Case Number A108851
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Appellant's opening brief. | 07/13/2005 | Defendant and Appellant: Jeffrey Ray Malone Attorney: Gordon Stewart Brownell | Attorney: Brownell, Gordon Party: Malone, Jeffrey | |
| Respondent's brief. | 09/21/2005 | Plaintiff and Respondent: The People Attorney: Office of the Attorney General | Attorney: Office of the Attorney General Party: The People | |
| Appellant's reply brief. | 10/12/2005 | Defendant and Appellant: Jeffrey Ray Malone Attorney: Gordon Stewart Brownell | Attorney: Brownell, Gordon (40.1) Party: Malone, Jeffrey |
Future Scheduled Actions
The People v. Malone
Division 3
Division 3
Case Number A108851
No information found.
Disposition
The People v. Malone
Division 3
Division 3
Case Number A108851
Description:
Affirmed in full
Date:
02/23/2006
Disposition Type:
Final
Publication Status:
Signed Unpublished
Author:
Siggins, Peter J.
Participants:
Parrilli, Joanne C. (Concur)
McGuiness, William R. (Concur)
McGuiness, William R. (Concur)
Case Citation:
none
Trial Court
The People v. Malone
Division 3
Division 3
Case Number A108851
Trial Court Name:
Lake County Superior Court - Main
County:
Lake
Trial Court Case Number:
CR033708
Trial Court Judge:
Hedstrom, Stephen
Trial Court Judgment Date:
12/29/2004