Opinion
S232568
09-21-2016
WALDON (BILLY RAY) ON H.C.
Referee appointed
Based on the record in this matter and good cause appearing:
The Honorable Michael Smyth, Judge of the Superior Court of California, County of San Diego, is appointed to sit as a referee in this proceeding. He will supervise discovery, appoint, if necessary, one or more experts, take evidence, and make findings of fact and recommendations on the following questions in 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.
It is further ordered that the referee prepare and submit to this court a report of the proceedings conducted pursuant to this appointment, of the evidence adduced, and the findings of fact and recommendations made. The referee's findings and recommendations must be based solely on the record of the proceedings before the referee.