Supreme Court

Docket (Register of Actions)

PETERSON (SCOTT) ON H.C.
Division SF
Case Number S230782
Date Description Notes
11/23/2015 Petition for writ of habeas corpus filed Petitioner: Scott Peterson
Attorney: Lawrence A. Gibbs Petition for Writ of Habeas Corpus (278 pp.) and Memorandum of Points and Authorities (116 pp.)
(2 volumes total; 62,400 words)
11/23/2015 Exhibit(s) filed in support of petition for writ of habeas corpus.
(Volumes 1-4; Exhibits 1-49)
11/24/2015 Informal response requested Pursuant to rule 8.385(b) of the California Rules of Court, due December 24, 2015. The response is to be served upon petitioner and filed in this court on or before December 24, 2015.

Petitioner will then have 30 days in which to serve and file a reply to the informal response. If service is by mail, the provisions of Code of Civil Procedure section 1013 are applicable.
11/25/2015 Filed: Certificate of Word Count for Petition for Writ of Habeas Corpus (62,400 words)

and

Table of Authorities for Petition for Writ of Habeas Corpus
12/21/2015 Request for extension of time filed to file informal response. (1st request)
12/30/2015 Extension of time granted Good cause appearing, and based upon Supervising Deputy Attorney General Donna M. Provenzano's representation that the informal response to the petition for writ of habeas corpus is anticipated to be filed by December 15, 2017, counsel's request for an extension of time in which to file that document is granted to February 22, 2016. After that date, only eleven further extensions totaling about 660 additional days will be granted.
02/17/2016 Request for extension of time filed to file informal response. (2nd request)
02/19/2016 Filed: CD; electronic copy of exhibits in support of petition for writ of habeas corpus.
(Volumes 1-4; Exhibits 1-49)
02/25/2016 Extension of time granted Good cause appearing, and based upon Supervising Deputy Attorney General Donna M. Provenzano's representation that the informal response to the petition for writ of habeas corpus is anticipated to be filed by December 15, 2017, counsel's request for an extension of time in which to file that document is granted to April 22, 2016. After that date, only ten further extensions totaling about 600 additional days will be granted.
04/15/2016 Request for extension of time filed to file informal response. (3rd request)
04/19/2016 Extension of time granted Good cause appearing, and based upon Supervising Deputy Attorney General Donna M. Provenzano's representation that the informal response to the petition for writ of habeas corpus is anticipated to be filed by December 15, 2017, counsel's request for an extension of time in which to file that brief is granted to June 21, 2016. After that date, only nine further extensions totaling about 540 additional days will be granted.
06/20/2016 Request for extension of time filed to file informal response. (4th request)
06/23/2016 Extension of time granted Good cause appearing, and based upon Supervising Deputy Attorney General Donna M. Provenzano's representation that the informal response to the petition for writ of habeas corpus is anticipated to be filed by December 15, 2017, counsel's request for an extension of time in which to file that document is granted to August 22, 2016. After that date, only eight further extensions totaling about 479 additional days will be granted.
08/12/2016 Request for extension of time filed to file informal response. (5th request)
08/22/2016 Extension of time granted Good cause appearing, and based upon Supervising Deputy Attorney General Donna M. Provenzano's representation that the informal response to the petition for writ of habeas corpus is anticipated to be filed by December 15, 2017, counsel's request for an extension of time in which to file that document is granted to October 21, 2016. After that date, only seven further extensions totaling about 419 additional days will be granted.
10/12/2016 Request for extension of time filed to file informal response. (6th request)
10/14/2016 Extension of time granted Good cause appearing, and based upon Supervising Deputy Attorney General Donna M. Provenzano's representation that the informal response to the petition for writ of habeas corpus is anticipated to be filed by December 15, 2017, counsel's request for an extension of time in which to file that document is granted to December 20, 2016. After that date, only six further extensions totaling about 359 additional days will be granted.
12/12/2016 Request for extension of time filed to file informal response. (7th request)
12/15/2016 Extension of time granted Good cause appearing, and based upon Deputy Attorney General Donna M. Provenzano's representation that the informal response to the petition for writ of habeas corpus is anticipated to be filed by December 15, 2017, counsel's request for an extension of time in which to file that document is granted to February 21, 2017. After that date, only five further extensions totaling about 296 additional days will be granted.
02/06/2017 Counsel's status report received (confidential) Petitioner: Scott Peterson
Attorney: Lawrence A. Gibbs
02/10/2017 Request for extension of time filed to file informal response. (8th request)
02/16/2017 Extension of time granted Good cause appearing, and based upon Supervising Deputy Attorney General Donna M. Provenzano's representation that the informal response to the petition for writ of habeas corpus is anticipated to be filed by April 24, 2017, counsel's request for an extension of time in which to file that document is granted to April 24, 2017. After that date, no further extension is contemplated.
04/14/2017 Request for extension of time filed to file informal response. (9th request)
04/18/2017 Extension of time granted Good cause appearing, and based upon Supervising Deputy Attorney General Donna M. Provenzano's representation that the informal response to the petition for writ of habeas corpus is anticipated to be filed by December 15, 2017, counsel's request for an extension of time in which to file that document is granted to June 23, 2017. After that date, only three further extensions totaling about 175 additional days are contemplated.
06/13/2017 Request for extension of time filed to file informal response. (10th request)
06/14/2017 Extension of time granted Good cause appearing, and based upon Supervising Deputy Attorney General Donna M. Provenzano's representation that the informal response to the petition for writ of habeas corpus is anticipated to be filed by December 15, 2017, counsel's request for an extension of time in which to file that document is granted to August 22, 2017. After that date, only two further extensions totaling about 115 additional days are contemplated.
07/12/2017 Note: order filed this date in related automatic appeal, case no. S132449, appointing Cliff Gardner, Attorney at Law to represent Scott Lee Peterson as lead counsel for habeas corpus/executive clemency proceedings related to the automatic appeal and the Habeas Corpus Resource Center is appointed as associate habeas corpus/executive clemency counsel.
08/10/2017 Informal response filed Non-Title Respondent: Department of Corrections and Rehabilitation
Attorney: Attorney General - San Francisco Office (40,582 words; 150 pp.)
08/31/2017 Application for extension of time filed to file reply to informal response. (1st request)
09/05/2017 Extension of time granted Good cause appearing, and based upon counsel Cliff Gardner's representation that the reply to the informal response to the petition for writ of habeas corpus is anticipated to be filed by August 10, 2018, an extension of time in which to file that document is granted to November 9, 2017. After that date, only five further extensions totaling about 273 additional days are contemplated.
11/07/2017 Application for extension of time filed to file reply to informal response. (2nd application)
11/14/2017 Extension of time granted Based upon counsel Fred Renfroe's representation that the reply to the informal response to the petition for writ of habeas corpus is anticipated to be filed by August 10, 2018, an extension of time in which to file that document is granted to January 8, 2018. After that date, only four further extensions totaling about 213 additional days are contemplated.
12/07/2017 Filed: Letter from HCRC, dated December 7, 2017, advising pursuant to Supreme Court Policy 4, petitioner was personally served with a copy of the application for extension of time filed on November 7, 2017.
01/04/2018 Application for extension of time filed to file reply to informal response. (3rd application)
01/09/2018 Extension of time granted Based upon counsel Fred Renfroe's representation that the reply to the informal response to the petition for writ of habeas corpus is anticipated to be filed by August 10, 2018, an extension of time in which to file that brief is granted to March 9, 2018. After that date, only three further extensions totaling about 153 additional days are contemplated.
03/05/2018 Application for extension of time filed to file reply to informal response. (4th application)
03/08/2018 Extension of time granted Based upon counsel Fred Renfroe's representation that the reply to the informal response to the petition for writ of habeas corpus is anticipated to be filed by August 10, 2018, an extension of time in which to file that document is granted to May 8, 2018. After that date, only two further extensions totaling about 93 additional days are contemplated.
05/03/2018 Application for extension of time filed to file reply to informal response. (5th application)
05/09/2018 Extension of time granted Based upon counsel Fred Renfroe's representation that the reply to the informal response to the petition for writ of habeas corpus is anticipated to be filed by August 10, 2018, an extension of time in which to file that document is granted to July 9, 2018. After that date, only one further extensions totaling about 31 additional days is contemplated.
07/09/2018 Application for extension of time filed to file reply to informal response. (6th application)
07/11/2018 Extension of time granted Based upon counsel Fred Renfroe's representation that the reply to the informal response to the petition for writ of habeas corpus is anticipated to be filed by August 10, 2018, an extension of time in which to file that document is granted to August 10, 2018. After that date, no further extension is contemplated.
08/07/2018 Reply to informal response filed Petitioner: Scott Peterson
Attorney: Cliff Gardner
Attorney: Habeas Corpus Resource Center (29,987 words; 133 pp.)
08/07/2018 Application filed by petitioner, for leave to file Sealed Documents in Support of Reply to the Informal Response to the Petition for Writ of Habeas Corpus
08/07/2018 Lodged: (Redacted version of exhibits)
Exhibits in support of petition for writ of habeas corpus
(vol. 5; exhibits 50 through 52)
08/07/2018 Lodged: *****LODGED CONDITIONALLY UNDER SEAL*****
(Unredacted version of exhibits)
Exhibits in support of petition for writ of habeas corpus
(vol. 5; exhibits 50 and 51)
10/24/2018 Motion to file document under seal granted Petitioner's "Application for Leave to File Sealed Documents in Support of Reply to the Informal Response to the Petition for Writ of Habeas Corpus," filed on August 7, 2018, is granted. The court makes the findings required by rule 8.46(d)(6) of the California Rules of Court. The Clerk is directed to publicly file "Volume 5 (Exhibits 50-52); Public - Redacts Material from Conditionally Sealed Record (Exhibits 50 and 51)," received on August 7, 2018. The Clerk is further directed to file under seal "Volume 5 (Exhibits 50 and 51, Not Redacted)," lodged conditionally under seal on August 7, 2018.

Corrigan, J., was absent and did not participate.
10/24/2018 Exhibit(s) filed Redacted Version
in support of petition for writ of habeas corpus
(volume 5; exhibits 50-52)
10/24/2018 Exhibit(s) filed *****UNDER SEAL*****
Unredacted Version
in support of petition for writ of habeas corpus
(volume 5; exhibits 50-51)
10/14/2020 Order to show cause issued, returnable in Superior Court The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause in the Superior Court of California, County of San Mateo, when the matter is placed on calendar, why the relief prayed for should not be granted on the ground that Juror No. 7 committed prejudicial misconduct by not disclosing her prior involvement with other legal proceedings, including but not limited to being the victim of a crime, as alleged in Claim 1.

The return is to be filed on or before November 13, 2020.

Claims 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 in the petition are denied on the merits.

In light of this court's opinion in petitioner's automatic appeal, Claims 12, 13, 14, 15, 16, 17, 18, and 19 are denied as moot. (See People v. Peterson, S132449, opn. filed Aug. 24, 2020.)

Pending further order of the court, this court retains jurisdiction over all matters concerning the appointment of Attorney Cliff Gardner as 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 Gardner's fees or (b) reimburse Gardner for 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. Gardner 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., Corrigan, Liu, Cuéllar, Kruger and Groban, JJ.
10/14/2020 Letter sent to: Presiding Judge Karesh, of the Superior Court of California, County of San Mateo re: order to show cause.
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