1019 SUPREME COURT MINUTES WEDNESDAY, JUNE 15, 2016 SAN FRANCISCO, CALIFORNIA S076785 PEOPLE v. RANGEL, JR., (PEDRO) Rehearing denied Corrigan, J., was absent and did not participate. S233973 B260447 Second Appellate District, Div. 7 PEOPLE v. FRANCO (RUBEN PHILLIP) Petition for review granted Corrigan, J., was absent and did not participate. Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ. S234269 D066722 Fourth Appellate District, Div. 1 RUBENSTEIN (LATRICE) v. DOE NO. 1 Petition for review granted Corrigan, J., was absent and did not participate. Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ. S225562 G050827 Fourth Appellate District, Div. 3 PEOPLE v. S.C. (SMITH) Supplemental briefing ordered The Orange County District Attorney, counsel for petitioner, is invited to file a supplemental letter brief addressing the following: 1. Would application of Welfare and Institutions Code section 6603, subdivision (j) (hereafter section 6603(j)) (added to the code by Stats. 2015, ch. 576, § 1), to this case violate real party in interest Richard Anthony Smith’s right to equal protection of the laws by treating him differently from mentally disordered offenders (see Pen. Code, § 2960 et seq.) and mentally disordered sex offenders (see Welf. & Inst. Code, § 6300 et seq.)? (Reply/Suppl. Br. on the Merits, p. 3.) 2. Assuming no meritorious equal protection problem exists, can section 6603(j) be applied to this case despite the fact that the case arose before section 6603 was amended to add subdivision (j)? (Reply/Suppl. Br. on the Merits, p. 5.) 3. Assuming no meritorious equal protection or retroactivity problem exists, is the disclosure authorized by section 6603(j) limited to medical and mental health treatment records used or relied upon in performing an updated evaluation under Welfare and Institutions Code section
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1019
SUPREME COURT MINUTES
WEDNESDAY, JUNE 15, 2016
SAN FRANCISCO, CALIFORNIA
S076785 PEOPLE v. RANGEL, JR.,
(PEDRO)
Rehearing denied
Corrigan, J., was absent and did not participate.
S233973 B260447 Second Appellate District, Div. 7 PEOPLE v. FRANCO (RUBEN
PHILLIP)
Petition for review granted
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S234269 D066722 Fourth Appellate District, Div. 1 RUBENSTEIN (LATRICE) v.
DOE NO. 1
Petition for review granted
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S225562 G050827 Fourth Appellate District, Div. 3 PEOPLE v. S.C. (SMITH)
Supplemental briefing ordered
The Orange County District Attorney, counsel for petitioner, is invited to file a supplemental letter
brief addressing the following:
1. Would application of Welfare and Institutions Code section 6603, subdivision (j) (hereafter
section 6603(j)) (added to the code by Stats. 2015, ch. 576, § 1), to this case violate real
party in interest Richard Anthony Smith’s right to equal protection of the laws by treating
him differently from mentally disordered offenders (see Pen. Code, § 2960 et seq.) and
mentally disordered sex offenders (see Welf. & Inst. Code, § 6300 et seq.)? (Reply/Suppl.
Br. on the Merits, p. 3.)
2. Assuming no meritorious equal protection problem exists, can section 6603(j) be applied to
this case despite the fact that the case arose before section 6603 was amended to add
subdivision (j)? (Reply/Suppl. Br. on the Merits, p. 5.)
3. Assuming no meritorious equal protection or retroactivity problem exists, is the disclosure
authorized by section 6603(j) limited to medical and mental health treatment records used or
relied upon in performing an updated evaluation under Welfare and Institutions Code section
SAN FRANCISCO JUNE 15, 2016 1020
6603, subdivision (c), or is disclosure also authorized for records underlying an initial or
replacement evaluation? (Reply/Suppl. Br. on the Merits, p. 7.)
4. Assuming no meritorious equal protection or retroactivity problem exists, inasmuch as
section 6603(j) states the treatment records can be disclosed only to the “the attorney
petitioning for commitment,” and further provides “[t]he attorneys may use the records in
proceedings under this article and shall not disclose them for any other purpose” (italics
added), can the Orange County District Attorney share the disclosed the information with its
hired expert witness? (Reply/Suppl. Br. on the Merits, p. 8.)
The Orange County District Attorney’s opening supplemental letter brief must be served and filed
no later than July 13, 2016. A supplemental reply letter brief by real party in interest Smith must
be served and filed no later than July 27, 2016.
Corrigan, J., was absent and did not participate.
S233480 C078403 Third Appellate District PEOPLE v. BYRD (TIMMY
LEE)
Petition for review granted; briefing deferred
The petition for review is granted. Further action in this matter is deferred pending consideration
and disposition of a related issue in People v. DeHoyos, S228230 (see Cal. Rules of Court, rule
8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to
California Rules of Court, rule 8.520, is deferred pending further order of the court.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S233871 D069303/D069304 Fourth Appellate District, Div. 1 PEOPLE v. WARD (TRAVIS
ADAM)
Petition for review granted; briefing deferred
The petition for review is granted. Further action in this matter is deferred pending consideration
and disposition of a related issue in People v. DeHoyos, S228230 (see Cal. Rules of Court, rule
8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to
California Rules of Court, rule 8.520, is deferred pending further order of the court.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
SAN FRANCISCO JUNE 15, 2016 1021
S233944 G051386 Fourth Appellate District, Div. 3 PEOPLE v. BARTLETT
(ROBERT JAMES)
Petition for review granted; briefing deferred
The petition for review is granted. Further action in this matter is deferred pending consideration
and disposition of related issues in People v. Page, S230793, and People v. Romanowski,
S231405 (see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order of the court.
Submission of additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred
pending further order of the court.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S234320 B264877 Second Appellate District, Div. 6 PEOPLE v. STINE (TYE)
Petition for review granted; briefing deferred
The petition for review is granted. Further action in this matter is deferred pending consideration
and disposition of a related issue in People v. Morales, S228030 (see Cal. Rules of Court, rule
8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to
California Rules of Court, rule 8.520, is deferred pending further order of the court.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S234418 B262733 Second Appellate District, Div. 8 PEOPLE v. MARTINEZ
(ABEL RUBEN)
Petition for review granted; briefing deferred
The petition for review is granted. Further action in this matter is deferred pending consideration
and disposition of a related issue in People v. Romanowski, S231405 (see Cal. Rules of Court,
rule 8.512(d)(2)), or pending further order of the court. Submission of additional briefing,
pursuant to California Rules of Court, rule 8.520, is deferred pending further order of the court.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S231143 JOE (WARDELL) ON H.C.
Order to show cause issued; returnable in Court of Appeal, Second Appellate District, Division
Three
The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause
before the Second District Court of Appeal, Division Three, when the matter is placed on
calendar, why People v. Banks (2015) 61 Cal.4th 788, is not retroactive to petitioner’s case and
why petitioner is not entitled to the relief requested. The return is to be filed on or before July 15,
2016.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
SAN FRANCISCO JUNE 15, 2016 1022
S233381 CHATMAN (ERIK SANFORD)
v. S.C. (PEOPLE)
Petition for review granted; transferred to Court of Appeal, Sixth Appellate District, with
directions to issue an alternative writ
The petition for review filed on March 28, 2016, is granted. The matter is transferred to the Court
of Appeal, Sixth Appellate District, with instructions to vacate its order denying the petition for
writ of mandate in Chatman v. Superior Court, H043061, and to issue an alternative writ on the
question whether the Santa Clara County Superior Court improperly declined to conduct an in
camera review of documents withheld under a claim of privilege to determine whether the
asserted privilege applies and whether petitioner is entitled to any withheld material under Penal
Code section 1054.9, as requested in petitioner’s reply in support of motion for postconviction
discovery (Pen. Code, § 1054.9), filed in In re Chatman on Habeas Corpus, No. 143749, on
June 23, 2015.
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S225631 D064936 Fourth Appellate District, Div. 1 PEOPLE v. INGRAM
(THOMAS)
Dismissed and remanded to Court of Appeal, Fourth Appellate District, Division One
Appellant’s application to dismiss review due to mootness is granted. Review in this action is
hereby dismissed. (Rule 8.528(b)(1).)
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S227632 GRADILLAS (LILLIAN) v.
LINCOLN GENERAL
INSURANCE COMPANY
Dismissal order filed
In light of the dismissal of the underlying action by the United States Court of Appeals, Ninth
Circuit, the above-captioned matter, in which this court agreed to decide a question of California
law, is hereby dismissed. (Rules 8.528(b)(1), 8.548(a)(1).)
Corrigan, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Liu, Cuéllar, and Kruger, JJ.
S233181 B260035 Second Appellate District, Div. 6 LOVE (LEE ANDRE) v.
CALIFORNIA HIGHWAY
PATROL
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1023
S233426 B262848 Second Appellate District, Div. 1 JONES (DARLA RAY) ON
H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S233451 B263075 Second Appellate District, Div. 8 PEOPLE v. AGUILAR
(HENRY)
Petition for review denied
Corrigan, J., was absent and did not participate.
S233530 C078705 Third Appellate District ELLIS (JON VIRGIL) v.
COUNTY OF CALAVERAS
Petition for review denied
Corrigan, J., was absent and did not participate.
S233532 B259323 Second Appellate District, Div. 7 SU (JULIE) v. MONSOON
BLUE, INC.
Petition for review denied
Corrigan, J., was absent and did not participate.
S233578 H042054 Sixth Appellate District PEOPLE v. KILPATRICK
(SEAN-PAUL)
Petition for review denied
Corrigan, J., was absent and did not participate.
S233628 A147742 First Appellate District, Div. 3 NGUYEN (HUNG) ON H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S233724 A144464 First Appellate District, Div. 5 ROYEE (SHAWEEN) v.
CASINO 580, LLC
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1024
S233785 B259791 Second Appellate District, Div. 1 FRY (JACK) v. CITY OF LOS
ANGELES (BOARD OF FIRE
& POLICE PENSION
COMMISSIONERS OF THE
LOS ANGELES FIRE &
POLICE PENSIONS)
Petition for review denied
Corrigan, J., was absent and did not participate.
S233788 H043308 Sixth Appellate District LEDEE (LAWRENCE) ON
H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S233811 C073202 Third Appellate District PEOPLE v. LEE (NATHAN
JOSEPH)
Petition for review denied
Corrigan, J., was absent and did not participate.
S233819 C068079/D068517 Third Appellate District PEOPLE v. HERNANDEZ
(ARMONDO)
Petitions for review denied
Corrigan, J., was absent and did not participate.
S233848 B262545 Second Appellate District, Div. 7 PIERCE (SAMUEL) v.
REGENTS OF THE
UNIVERSITY OF
CALIFORNIA
Petition for review denied
Corrigan, J., was absent and did not participate.
S233856 B266505 Second Appellate District, Div. 5 IN RE G.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S233873 D069377 Fourth Appellate District, Div. 1 IN RE L.A.
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1025
S233906 F067979 Fifth Appellate District PEOPLE v. CEJA (MARIA)
Petition for review denied
Corrigan, J., was absent and did not participate.
S233907 C077727 Third Appellate District PEOPLE v. MARTINEZ
(FELIX)
Petition for review denied
Corrigan, J., was absent and did not participate.
S233920 C078454 Third Appellate District PEOPLE v. STRAHORN
(DAVID NICHOLAS)
Petition for review denied
Corrigan, J., was absent and did not participate.
S233924 B271430 Second Appellate District, Div. 5 BUCKNER (KENNY
ANTWON) ON H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S233926 C078527 Third Appellate District PEOPLE v. SPEARS (BRIAN
KEITH)
Petition for review denied
Corrigan, J., was absent and did not participate.
S233935 G051340 Fourth Appellate District, Div. 3 PEOPLE v. BARTLETT
(ROBERT JAMES)
Petition for review denied
Corrigan, J., was absent and did not participate.
S233947 C081513 Third Appellate District PEOPLE v. BREWER (JASON
M.)
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1026
S234066 C076449 Third Appellate District PEOPLE v. COOPER
(ANTHONY L.)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234074 D070090 Fourth Appellate District, Div. 1 PEOPLE v. CLARK (BRENT)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234089 H041594 Sixth Appellate District PEOPLE v. S.C. (HARRIS)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234146 A142905 First Appellate District, Div. 1 PEOPLE v. WENKE (LAURA
JEAN)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234166 C076777 Third Appellate District PEOPLE v. RENAUD
(TIMMY)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234167 C076568 Third Appellate District WITTE (THOMAS) v. YOUNG
(CAROLYN M.)
Petition for review & publication request(s) denied
Corrigan, J., was absent and did not participate.
S234201 A147650 First Appellate District, Div. 1 NATIONWIDE BIWEEKLY
ADMINISTRATION INC. v.
S.C. (PEOPLE)
Petition for review denied
Corrigan, J., was absent and did not participate.
SAN FRANCISCO JUNE 15, 2016 1027
S234224 B259542 Second Appellate District, Div. 4 SEVIER (JULIA K.) v.
GHANNOUM (MOHAMMED)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234230 B262766 Second Appellate District, Div. 4 DEMELLO (MARTIN) v.
LIONEL (EVAN)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234231 H043120 Sixth Appellate District PEOPLE v. CASTILLO
(DAVID)
Petition for review denied
Corrigan, J., was absent and did not participate.
S234235 B271132 Second Appellate District, Div. 8 EVANS (KENNETH) ON H.C.
Petition for review denied
Corrigan, J., was absent and did not participate.
S234264 F071269/F071523 Fifth Appellate District IN RE R.H.
Petition for review denied
Corrigan, J., was absent and did not participate.
S234288 D067409 Fourth Appellate District, Div. 1 CAPECI (MICHAEL) v. CITY