Opinion
S185810
02-28-2018
PEOPLE v. THREATS (DERLYN RAY)
Motion to file document under seal granted
Appellant's “Motion to File Confidential Record under Seal Pursuant to Code of Civil Procedure Section 2018.030 and California Rule of Court 8.47(c)(2),” filed on January 19, 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 the “Redacted Declarations of Mary K. McComb and Arnold Erickson,” received on January 19, 2018. The Clerk is further directed to file under seal the “Unredacted Declarations of Mary K. McComb and Arnold Erickson,” lodged conditionally under seal on January 19, 2018.
Appellant's “Motion to Decertify the Record and Remand to the Superior Court for Augmentation, Settlement, and Conformation,” filed on November 14, 2017, is granted as follows. The Clerk of this court is directed to decertify and return the appellate record in People v. Threats, S185810, to the superior court. The superior court is ordered to expeditiously consider the alleged omissions and errors in the record in this matter and, where appropriate, to correct any omissions or errors. All material added to the existing record following this order must be sent to appellate counsel for the parties, who must promptly review such material and, when they have finished their review, inform the superior court either that the record is ready to be certified or that specific further additions or corrections should be made. The superior court is ordered to prepare, certify for accuracy, and send the record, as corrected, to this court, with copies to counsel, and to do so no later than June 29, 2018.
Within 10 days from the date of this order, counsel for both parties, the Habeas Corpus Resource Center, the California Appellate Project, and the Office of the Governor must return any copies of the current record to the superior court.
The due date for filing Appellant's opening brief is vacated, and a new due date will be set after the filing of the record, as corrected, in this court.