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Document Received by the CA Supreme Court. Supreme CA the by Received Document TABLE of EXHIBITS SUPPORTING PETITION for WRIT of MANDATE

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Document Received by the CA Supreme Court. Supreme CA the by Received Document TABLE of EXHIBITS SUPPORTING PETITION for WRIT of MANDATE Case No. S261827 IN THE SUPREME COURT OF THE STATE OF CALIFORNIA NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, CALIFORNIA ATTORNEYS FOR CRIMINAL JUSTICE, and YOUTH JUSTICE COALITION, Petitioners, v. GAVIN NEWSOM, California Governor, in His Official Capacity and XAVIER BECERRA, California Attorney General, in His Official Capacity Respondents. PETITIONERS NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, CALIFORNIA ATTORNEYS FOR CRIMINAL JUSTICE, AND YOUTH JUSTICE COALITION’S APPENDIX OF EXHIBITS VOLUME 1 OF 4 - PAGES 1 - 203 JACOB S. KREILKAMP (State Bar No. 248210) PETER J. ELIASBERG (State Bar No. 189110) [email protected] [email protected] WILLIAM D. TEMKO (State Bar No. 98858) MELISSA GOODMAN (State Bar No. 289464) [email protected] [email protected] MELINDA E. LEMOINE (State Bar No. 235670) PETER BIBRING (State Bar No. 223981) [email protected] [email protected] SARA A. McDERMOTT (State Bar No. 307564) SYLVIA TORRES-GUILLEN (State Bar No. 164835) [email protected] [email protected] TREVOR N. TEMPLETON (State Bar No. 308896) ARIANA E. RODRIGUEZ (State Bar No. 322701) [email protected] [email protected] ESTALYN S. MARQUIS (State Bar No. 329780) ACLU FOUNDATION OF SOUTHERN CALIFORNIA [email protected] 1313 W 8th Street MUNGER, TOLLES & OLSON LLP Los Angeles, CA 90017 350 South Grand Avenue, Fiftieth Floor, Tel. 213-977-9500 Los Angeles, California 90071-3426 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 Document received by the CA Supreme Court. Attorneys for Petitioners National Association of Criminal Defense Attorneys, California Attorneys for Criminal Justice, and Youth Justice Coalition (Additional Counsel Listed on Next Page) CARL TAKEI (State Bar No. 256229) AMERICAN CIVIL LIBERTIES UNION FOUNDATION 125 Broad Street, 18th Floor New York, NY 10004 Tel. 646.905.8834 [email protected] CASSANDRA STUBBS (State Bar No. 218849) AMERICAN CIVIL LIBERTIES UNION FOUNDATION 201 W. Main Street Durham, NC 27701 Tel. (919) 449-4885 [email protected] JONATHAN MARKOVITZ (State Bar No. 301767), ACLU FOUNDATION OF SAN DIEGO & IMPERIAL COUNTIES P.O. Box 87131 San Diego, California 92138-7131 Tel. 619.232.2121 Fax. 619.232.0036 [email protected] KATHLEEN GUNERATNE (SBN 250751) [email protected] Shilpi Agarawal (SBN 270749) [email protected] ACLU FOUNDATION OF NORTHERN CALIFORNIA 39 Drumm Street San Francisco, CA 94111 Tel. 415-621-2493 Document received by the CA Supreme Court. TABLE OF EXHIBITS SUPPORTING PETITION FOR WRIT OF MANDATE EX. DOCUMENT VOL. PAGE NO. 1 Order, United States v. Barkman, No. 3:19-cr- 1 001 0052 (D. Nev. Mar. 17, 2020) 2 Order, United States v. Garlock, No. 18-cr- 1 005 00418 (N.D. Cal. Mar. 25, 2020) 3 Verified Petition for Writ of Habeas Corpus 1 006 (“NYLAS Petition”), People ex rel. Stoughton v. Brann, No. 260154/2020, at ¶ 3 (N.Y. Sup. Ct. Mar. 25, 2020) (Exh. X) 4 Memo and Order, Basank v. Decker, No. 20 civ 1 047 2518 (S.D.N.Y. Mar. 26, 2020) 5 Temp Restraining Order and OSC, Castillo v. 1 062 Barr, No. CV 20-00605 (C.D. Cal. Mar. 27, 2020) 6 Order on Defs Am. Mot for Release, United 1 073 States v. Grobman, No. 18-cr-20989 (S.D. Fla. Mar. 29, 2020) 7 Memo and Order, Unites States v. Muniz, No. 1 092 4:09-cr-00199 (S.D. Tex Mar. 30, 2020) 8 Memo and Order, Unites States v. Davis, No. 1 097 ELH-20-09 (D. Md. Mar. 30, 2020) 9 Opinion, Unites States v. Roeder, No. 20-1682 1 108 (E.D. Pa. Apr. 1, 2020) 10 Judicial Council, California Rules of Court, 1 111 Emergency Rules 1-11 (Apr. 6, 2020) 11 Memo and Order, Hope v. Doll, No. 1:20-cv- 1 127 562 (M.D. Pa. Apr. 7, 2020) 12 Order, Ortuno v. Jennings, No. 20-cv-02064 1 142 (N.D. Cal. Apr. 8, 2020) Document received by the CA Supreme Court. 3 EX. DOCUMENT VOL. PAGE NO. 13 Notice of Opposition to Setting of Bail at $0 1 152 and Requesting a Hearing Under Penal Code Section 1269c, People v. Defendants as Set Forth in Exhibit A, Case No. XXXXX (Super. Ct., Sacramento Cty, Apr. 10, 2020) 14 Order, Doe v. Barr, No. 20-cv-02141 (N.D. 1 164 Cal. Apr. 12, 2020) 15 Opinion, Cristian v. Decker, No. 20-3600 D. 1 175 N.J. Apr. 12, 2020) Document received by the CA Supreme Court. 4 PROOF OF SERVICE At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Los Angeles, State of California. My business address is 350 South Grand Avenue, Fiftieth Floor, Los Angeles, CA 90071-3426. On April 24, 2020, I served true copies of the following document(s) described as PETITIONERS NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, CALIFORNIA ATTORNEYS FOR CRIMINAL JUSTICE, AND YOUTH JUSTICE COALITION’S APPENDIX OF EXHIBITS VOLUME 1 OF 4 - PAGES 1 - 203 on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY ELECTRONIC SERVICE: I electronically filed the document(s) with the Clerk of the Court by using the TrueFiling system. Participants in the case who are registered TrueFiling users will be served by the TrueFiling system. Participants in the case who are not registered TrueFiling users will be served by email as listed in the service list. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on April 24, 2020, at Los Angeles, California. ______________________ Anna Velasquez Document received by the CA Supreme Court. 5 SERVICE LIST Xavier Becerra Via Email State of California Department of Justice 1300 I Street, Suite 1740 Sacramento, CA 95814-2954 [email protected] Governor Gavin Newsom Via Email 1303 10th Street, Suite 1173 Sacramento, CA 95814 (916) 445-2841 Kelli [email protected] David Sapp, [email protected] Alisa Hartz, [email protected] Office of the Clerk Not required until further California Supreme Court notice from the court. 350 McAllister Street, Room 1295 San Francisco, CA 94102-3600 ACLU Foundation of Southern California Via Email Peter J Eliasberg (SBN 189110) Melissa Goodman (SBN 289464) Peter Bibring (SBN 223981) Sylvia Torres-Guillen (SBN 164835) Ariana E. Rodriguez (SBN 322701) 1313 W 8th Street Los Angeles, CA 90017 213-977-9500 [email protected] [email protected] [email protected] [email protected] [email protected] Document received by the CA Supreme Court. 6 American Civil Liberties Union Foundation Via Email Carl Takei (CA SBN 256229) 125 Broad Street, 18th Floor New York, NY 10004 646.905.8834 [email protected] Cassandra Stubbs (CA SBN 218849) Via Email 201 W. Main Street Durham, NC 27701 (919) 449-4885 [email protected] ACLU Foundation of San Diego & Via Email Imperial Counties Jonathan Markovitz (SBN 301767) P.O. Box 87131 San Diego, California 92138-7131 Telephone: 619.232.2121, Fax: 619.232.0036 [email protected] ACLU Foundation of Northern California Via Email Kathleen Guneratne (SBN 250751) Shilpi Agarwal (SBN 270749) ACLU Foundation of Northern California 39 Drumm Street San Francisco, CA 94111 (415) 621-2493 [email protected] [email protected] Document received by the CA Supreme Court. 7 United States v. Barkman, --- F.Supp.3d ---- (2020) 2020 WL 1811343 been taken in Washoe County, Nevada to slow the spread of the virus, including indefinitely cancelling all events with an 2020 WL 1811343 expected attendance of 250 or more people. The following Only the Westlaw citation is currently available. is a sample of events that have been cancelled in Nevada: United States District Court, D. Nevada. (1) K-12 schooling; (2) All school, district and non-district UNITED STATES of America, Plaintiff, sponsored athletics, extra-curricular activities, assemblies, v. practices, proms and events; (3) all district sponsored travel; Robert BARKMAN, Defendant. (4) all previously scheduled spring break childcare related camps; (5) UNR is moving to online classes starting on March Case No. 3:19-cr-0052-RCJ-WGC 23, 2020. | Signed 03/17/2020 With 26 confirmed cases in Nevada, indicating community spread, we must take every necessary action to protect Attorneys and Law Firms vulnerable populations and the community at large. The men and women incarcerated at Washoe County Detention Facility Gary N. Donner, U.S. Department of Justice, Washington, are a part of our community and all reasonable measures must DC, Peter Walkingshaw, James E. Keller, United States be taken to protect their health and safety. Attorneys Office, Reno, NV, James Alexander Blum, Office of the United States Attorney, Las Vegas, NV, for Plaintiff. 1. Conditions of Confinement and Spread of Coronavirus ORDER GRANTING EMERGENCY MOTION Conditions of pretrial confinement create the ideal TO TEMPORARILY MODIFY INTERMITTENT environment for the transmission of contagious disease. 3 CONFINEMENT AS A CONDITION OF Inmates cycle in and out of detention facilities from all over PROBATION DUE TO THE COVID-19 PANDEMIC the world and country, and people who work in the facilities including correctional officers, and care and service providers ROBERT C. JONES, District Judge leave and return daily, without screening. Incarcerated people have poorer health than the general population, and even at Introduction the best of times, medical care is limited. 4 Many people who are incarcerated also have chronic conditions, like diabetes, *1 Mr. Barkman moves this Court for an order temporarily asthma, high blood pressure, hepatitis, or HIV, which makes modifying his conditions of probation by suspending for a them vulnerable to severe forms of COVID-19. minimum of 30 days the requirement that he present himself to the Washoe County Detention Facility for intermittent *2 According to public health experts, incarcerated confinement given the COVID-19 pandemic.
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