Opinion
S232568
08-24-2016
WALDON (BILLY RAY) ON H.C.
Order filed
Petitioner's request for reconsideration of the court's June 15, 2016, order contained in petitioner's motion filed on July 5, 2016, is denied.
With regard to petitioner's alternative request in the July 5, 2016, motion for appointment of a guardian ad litem, the Honorable Jeffrey B. Barton, Presiding Judge of the Superior Court of California, County of San Diego, is directed to select a judge of the San Diego County Superior Court to sit as a referee in this proceeding and promptly to notify this court of the referee selected. After appointment by this court, the referee will supervise discovery, appoint, if necessary, one or more experts, take evidence, and make findings of fact and recommendations on the following questions regarding the matter of In re Billy Ray Waldon on Habeas Corpus, Supreme Court No. 232568 (related to People v. Billy Ray Waldon (Supreme Court No. 025520; San Diego County Superior Court No. CR82986; Judge David M. Gill): whether (1) petitioner Billy Ray Waldon has the capacity to appreciate his position and make a rational choice with respect to the litigation of this habeas corpus petition, including whether to disclose privileged materials, or he is suffering from a mental disease, disorder, or defect that may substantially affect his capacity in this regard, and (2) petitioner's counsel, the Office of the State Public Defender, or some other person should be appointed as guardian ad litem for the purpose of preparing and pursuing petitioner's habeas corpus petition. The referee's findings and recommendations must be based solely on the record of the proceedings before the referee.
Petitioner's “Motion to File Confidential Records Under Seal Pursuant to Evidence Code Sections 954, 994,” and “Motion to Unseal and Publicly File Records,” both filed on February 22, 2016, will continue to be held in abeyance pending further order of this court.
Werdegar, J., was absent and did not participate.