Opinion
S178123
10-24-2018
BUTLER (RAYMOND OSCAR) ON H.C.
Counsel appointment order filed
The following order is effective December 3, 2018:
On the court's own motion, the order appointing Shelley K. Mack as habeas corpus/executive clemency counsel of record for condemned inmate Raymond Oscar Butler in case No. S055501, filed June 10, 2010, is hereby vacated.
Attorney John N. Aquilina is hereby appointed as habeas corpus/executive clemency counsel of record for condemned inmate Raymond Oscar Butler. Counsel is appointed for all further capital state postconviction proceedings related to People v. Butler (2009) 46 Cal.4th 847 (S055501), all matters related to the postconviction capital habeas corpus proceedings now pending in Los Angeles County Superior Court (see In re Raymond Oscar Butler, S178123), and for subsequent proceedings, including the preparation and filing of a petition for clemency with the Governor of California, as appropriate.
Mack is hereby directed to deliver to Attorney John N. Aquilina, within 30 days from the filing of this order, all case transcripts, case files, habeas corpus work product, trial files, investigation reports, 60-day confidential status reports, and related materials that Mack has produced or obtained from condemned inmate Raymond Oscar Butler or his trial counsel, paralegals, experts and investigators, or from any other source.
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, subpart 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.
Corrigan, J., was absent and did not participate.