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Supreme Court Minutes Wednesday, March 28, 2018 San Francisco, California

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Supreme Court Minutes Wednesday, March 28, 2018 San Francisco, California 454 SUPREME COURT MINUTES WEDNESDAY, MARCH 28, 2018 SAN FRANCISCO, CALIFORNIA S246255 STEWART (DYLAN) v. SAN LUIS AMBULANCE, INC. Request for certification granted The court grants the request, made pursuant to California Rules of Court, rule 8.548, that this court decide a question of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. For purpose of briefing and oral argument, appellant Dylan Stewart is deemed the petitioner in this court. (Cal. Rules of Court, rule 8.520(a)(6).) Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ. S246911 B278642 Second Appellate District, Div. 4 KIM (JUSTIN) v. REINS INTERNATIONAL CALIFORNIA, INC. Petition for review granted Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ. S247095 A141913 First Appellate District, Div. 4 ALAMEDA COUNTY DEPUTY SHERIFF’S ASSOCIATION v. ALAMEDA COUNTY EMPLOYEES’ RETIREMENT ASSN. AND BD. OF THE ALAMEDA COUNTY EMPLOYEES’ RETIREMENT ASSN.; SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021; BUILDING TRADES COUNCIL OF ALAMEDA COUNTY Petitions for review granted The request for an order directing depublication of the opinion is denied. Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ. SAN FRANCISCO MARCH 28, 2018 455 S237460 A139610 First Appellate District, Div. 2 MARIN ASSOCIATION OF PUBLIC EMPLOYEES v. MARIN COUNTY EMPLOYEES’ RETIREMENT ASSOCIATION; STATE OF CALIFORNIA Order filed: case held pending decision in another case Further action in this matter is deferred pending consideration and disposition of a related issue in Alameda County Deputy Sheriffs’ Assn. v. Alameda County Employees’ Retirement Assn., S247095 (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. S246588 B277715 Second Appellate District, Div. 4 PEOPLE v. PADILLA (MARIO SALVADOR) 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. Padilla, S239454 (see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to Calif. Rules of Court, rule 8.520, is deferred pending further order of the court. The request for an order directing publication of the opinion in the above-entitled appeal is denied. Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ. S246243 B265901 Second Appellate District, Div. 5 PEOPLE v. MUNOZ (JOSE L.) Petition for review granted; transferred to Court of Appeal, Second Appellate District, Division Five The petition for review is granted. The matter is transferred to the Court of Appeal, Second Appellate District, Division Five, with directions to vacate its decision and reconsider the cause in light of S.B. 620 (Stats. 2017, ch. 682.) (Cal. Rules of Court, rule 8.528(d). Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ. S236276 B260222 Second Appellate District, Div. 5 PEOPLE v. COTTON (DUANE) Dismissed and remanded to Court of Appeal, Second Appellate District, Division Five The above-entitled matter, which was granted and held for People v. Estrada (2017) 3 Cal.5th 661, is dismissed. Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ. SAN FRANCISCO MARCH 28, 2018 456 S238074 F071563 Fifth Appellate District PEOPLE v. GUDINO (VICTOR) Dismissed and remanded to Court of Appeal, Fifth Appellate District The above-entitled matter, which was granted and held for People v. Estrada (2017) 3 Cal.5th 661, is dismissed. Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ. S238143 F070393 Fifth Appellate District PEOPLE v. GOMEZ (STEVEN) Dismissed and remanded to Court of Appeal, Fifth Appellate District The above-entitled matter, which was granted and held for People v. Estrada (2017) 3 Cal.5th 661, is dismissed. Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ. S238944 B269654 Second Appellate District, Div. 4 PEOPLE v. WATSON (GARRY PHILLIP) Dismissed and remanded to Court of Appeal, Second Appellate District, Division Four The above-entitled matter, which was granted and held for People v. Estrada (2017) 3 Cal.5th 661, is dismissed. Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ. S238983 B269444 Second Appellate District, Div. 2 PEOPLE v. RODRIGUEZ (OSCAR) Dismissed and remanded to Court of Appeal, Second Appellate District, Division Two The above-entitled matter, which was granted and held for People v. Estrada (2017) 3 Cal.5th 661, is dismissed. Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ. S241233 B266570 Second Appellate District, Div. 3 SEGOVIA (WENDY) v. CHIPOTLE MEXICAN GRILL, INC.; LOPEZ-CARRILLO (ENRIQUE) Dismissed and remanded to Court of Appeal, Second Appellate District, Division Three Review in the above-captioned matter is dismissed in light of our holding in Hernandez v. Restoration Hardware, Inc. (2018) 4 Cal.5th 260. (Cal. Rules of Court, rule 8.528(b).) Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ. SAN FRANCISCO MARCH 28, 2018 457 S156682 WILLIAMS (GEORGE BRETT) ON H.C. Petition for writ of habeas corpus denied (AA) On the court’s own motion, this matter is transferred to the Superior Court of California, County of Los Angeles, for adjudication of the claim set forth in this court’s July 13, 2016, order to show cause: whether “the prosecutor exercised peremptory challenges against prospective jurors with racially discriminatory intent, as alleged in Claim I.” All remaining claims in the petition are denied on the merits. Claim III, to the extent it alleges the prosecutor engaged in false and misleading argument regarding the presence of drugs at the murder scene, and except to the extent it alleges ineffective assistance of counsel, it is procedurally barred under In re Dixon (1953) 41 Cal.2d 756, 759, to the extent it could have been raised on appeal but was not. This court retains jurisdiction over all matters concerning the appointment of counsel for petitioner and the payment of appointed counsel’s fees and expenses. The following practices will apply to requests that this court (a) pay attorney fees for counsel appointed by this court or (b) reimburse necessary and reasonable expenses related to the habeas corpus proceeding. Such requests will be governed by the Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants in the California Supreme Court, Guidelines II.I and III. Counsel must first obtain the superior court’s recommendation for payment. However, the superior court’s recommendation is not binding on the Supreme Court, which will exercise independent review of the request. Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ. S180912 ADCOX (KEITH EDWARD) ON H.C. Petition for writ of habeas corpus denied (AA) On the court’s own motion, this matter is transferred to the Superior Court of California, County of Tuolumne, for adjudication of the claim set forth in this court’s August 17, 2016, order to show cause: “why petitioner is not entitled to relief because of juror misconduct, as alleged in Claim 3 of his petition for writ of habeas corpus, filed March 12, 2010.” All remaining claims in the petition are denied on the merits. Claim Two is denied as untimely. (See In re Robbins (1998) 18 Cal.4th 770, 780; see also In re Reno (2012) 55 Cal.4th 428, 443, 459–476.) Claim Two is procedurally barred under In re Clark (1993) 5 Cal.4th 750, 767-768, to the extent it could have been raised in connection with petitioner’s previous petitions for a writ of habeas corpus but was not. (See also In re Reno, supra, 55 Cal.4th at pp. 501–505.) This court retains jurisdiction over all matters concerning the appointment of counsel for petitioner. Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ. SAN FRANCISCO MARCH 28, 2018 458 S246376 B277395 Second Appellate District, Div. 5 PEOPLE v. MARTINEZ (WENDY) Petitions for review denied S246447 F071777 Fifth Appellate District PEOPLE v. ROBERTS (DESHAWN MARQUES) Petition for review denied S246508 B281797 Second Appellate District, Div. 5 PEOPLE v. KHAZALY (SALEH SHEIKH) Petition for review denied S246519 C078452 Third Appellate District PEOPLE v. PEREZ (TINO ALEXANDER) Petition for review denied S246522 G053450 Fourth Appellate District, Div. 3 PEOPLE v. WILLIAMS (WILLIAM BLAINE) Petition for review denied Liu, J., is of the opinion the petition should be granted. S246526 F072904 Fifth Appellate District PACIFIC GAS & ELECTRIC COMPANY v. HART HIGH-VOLTAGE APPARATUS REPAIR & TESTING CO., INC. Petition for review denied Chin and Corrigan, JJ., were recused and did not participate. S246565 E065086 Fourth Appellate District, Div. 2 PEOPLE v. TENNARD, JR., (THOMAS RAYMILLIER) Petition for review denied S246570 H040893 Sixth Appellate District AIASSA (ANNETTE) v. BECK, ROSS, BISMONTE & FINLEY, LLP Petition for review & publication request(s) denied SAN FRANCISCO MARCH 28, 2018 459 S246589 A152919 First Appellate District, Div. 1 GARCIA (RICARDO AGUILAR) v. S.C. (PEOPLE) Petition for review denied S246643 H043269 Sixth Appellate District PEOPLE v. BREWSTER (MARY KAY) Petition for review denied S246652 A144344 First Appellate District, Div. 4 PEOPLE v. DOSS, JR., (JIMMIE L.) Petition for review denied S246666 H044237 Sixth Appellate District IN RE A.V. Petition for review denied S246675 B279786 Second Appellate District, Div. 2 PEOPLE v. RODRIGUEZ (LUCIANO) Petition for review denied S246690 E069792 Fourth Appellate District, Div. 2 LACHANCE (JEFFREY) v. S.C. (PEOPLE) Petition for review denied S246691 B286510 Second Appellate District, Div. 3 WILLIAMS (BRIAND) ON H.C. Petition for review denied S246692 D071179 Fourth Appellate District, Div.
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