Opinion
S230782
10-14-2020
PETERSON (SCOTT) ON H.C.
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.