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Court Case Record In re GUY DONELL MILES on Habeas Corpus G046534 UID(6086)


In re GUY DONELL MILES on Habeas Corpus Court Case Record

Court Case Number: G046534


 
Case NumberG046534
Case TitleIn re GUY DONELL MILES on Habeas Corpus
Case TypeCR
StateCalifornia, CA
CountyAll Counties
CourtAppellate Court
Court Address4th Appellate District Division 3
Phone
Field Date
Close Date1/19/2017
Documentpdf

Parties

CounselNameType
Alissa Bjerkhoel
California Innocence Project
225 Cedar Street
San Diego, CA 92101

Guy Donell MilesPetitioner
Pro PerThe Superior Court of Orange CountyRespondent
Office Of The State Attorney General
P O Box 85266
San Diego, CA 92186-5266

Office Of The District Attorney
401 Civic Center Dr West
Santa Ana, CA 92701

Contact Name: Writs & Appeal

Adrianne S. Denault
Ofc Attorney General
P.O. Box 85266
San D

The PeopleRespondent
Docket (Register of Actions)
Date Description Notes
02/24/2012 Petition for a writ of habeas corpus filed. Petitioner: Guy Donell Miles 1 volume exhibits
03/05/2012 Reporter's transcript filed. petitioner's notice of lodging submitted w/ 4RT
03/07/2012 Opposition requested. Petitioner filed a petition for a writ of habeas corpus. Respondent is invited to file an informal response no later than April 9, 2012. Petitioner may file a reply by May 8, 2012. (Cal. Rules of Court, rule 8.385.)
04/06/2012 Application filed to: by respondent for extension of time to file informal response
04/10/2012 Order filed. Respondent's request for an extension of time to file the informal response is GRANTED. Respondent is granted to May 9, 2012, to file the informal response. Petitioner may reply by June 8, 2012. This is the last extension request. The court will not entertain any future extension requests.
05/09/2012 Response filed to: informal response by AG
05/24/2012 Reply filed to: by petr
05/29/2012 Filed proof of service. amended pos to DA for petition
08/31/2012 Issued order to show cause. THE COURT:* GOOD CAUSE APPEARING, it is hereby ordered that respondent SHOW CAUSE before this court, located at 601 W. Santa Ana Blvd., Santa Ana, California, why a writ of habeas corpus should not issue. Respondent is ordered to serve and file a formal written return no later than October 1, 2012, and petitioner shall file any traverse no later than November 1, 2012. (Cal. Rules of Court, rule 8.386.) * Before Moore, Acting P. J., Aronson, J., and Fybel, J.
09/28/2012 Application filed to: by respondent Office of the Attorney General for extension of time to file return to order to show cause.
10/01/2012 Order filed. THE COURT: Respondent's application for an extension of time to file a formal written return is GRANTED. Respondent's formal written return shall be filed no later than 20 days from the date of this order. No further extensions of time will be granted absent a showing of good cause. Petitioner's traverse shall be filed no later than 30 days from the date the formal written return is filed in this court.
10/19/2012 Written return filed. Respondent
11/21/2012 Application filed to: for relief from default and to be allowed to file late traverse by petitioner
11/21/2012 Filed declaration of: Alissa Bjerkhoel in conjunction with application for relief from default
11/21/2012 Received copy of: Petitioner's Denial (Traverse) (5 copies)
11/28/2012 Order filed. Petitioner's application for relief from default is GRANTED. The clerk of this court is directed to file petitioner's traverse received by the court on November 21, 2012.
11/28/2012 Traverse to return filed. by petr
11/30/2012 Received document entitled: original signatures for pp 16, 51, 52 & 53 as to traverse filed 11/28/12
02/13/2013 Order filed. After considering the verified petition, the return, the traverse, the affidavits and declarations under penalty of perjury, and matters of which judicial notice may be taken, the court finds there is a reasonable likelihood that petitioner may be entitled to relief and petitioner's entitlement to relief depends on the resolution of issues of fact. (Cal. Rules of Court, rule 8.386(f)(1).) Pursuant to rule 8.386(f) of the California Rules of Court, Judge Thomas M. Goethals of the Orange County Superior Court is appointed as referee to conduct an evidentiary hearing to make recommended findings of fact regarding the following issues: 1. Whether Bernard Teamer and Jason Steward's testimony that Guy Miles was not their accomplice and that Harold Bailey was their accomplice during the Fidelity Financial Services robbery on June 29, 1998, constitutes new evidence; 2. Whether Harold Bailey's declaration dated February 5, 2010, admitting his participation in the robbery at Fidelity Financial Services on June 29, 1998, constitutes new evidence; 3. Whether Bernard Teamer's testimony regarding Harold Bailey's participation in the robbery at Fidelity Financial Services on June 29, 1998, is credible; 4. Whether Jason Steward's testimony regarding Harold Bailey's participation in the robbery at Fidelity Financial Services on June 29, 1998, is credible; 5. Whether Guy Miles' testimony that he did not participate in the robbery at Fidelity Financial Services on June 29, 1998, is credible; 6. Whether Harold Bailey's declaration made under penalty of perjury on February 5, 2010, that he robbed Fidelity Financial Services with Bernard Teamer and Jason Steward, on June 29, 1998, and not Guy Miles is credible; 7. Whether any alibi witnesses who testify at the evidentiary hearing that Guy Miles was in Las Vegas, Nevada at the time of the robbery on June 29, 1998, are credible witnesses; 8. Whether Harold Bailey's live testimony is essential to any determination that Guy Miles did not
02/14/2013 Note: Sent entire case to superior court, per 02/13/13 order.
02/25/2013 Motion filed. for reconsideration of order for evidentiary hearings
02/25/2013 To court. repondent's motion for reconsideration of order for evidentiary hearing
Disposition
Description: Petition granted after order to show cause issued
Date: 01/19/2017
Status: Final Petition for a writ of habeas corpus is granted. His convications are vacated. The prosecution may elect to retry petitioner w/in the statutory timeframe. Otherwise, petitioner to be released from custody. Moore/Aronson/Fybel
Publication Status: Signed Published
Author: Moore, Eileen C.
Participants: Aronson, Richard M. (Concur) Fybel, Richard David (Concur)
Case Citation: none