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Court Case Record Santiago-Herrera v. The Superior Court of Contra Costa County A149350 UID(3790)


Santiago-Herrera v. The Superior Court of Contra Costa County Court Case Record

Court Case Number: A149350


 
Case NumberA149350
Case TitleSantiago-Herrera v. The Superior Court of Contra Costa County
Case TypeCR
StateCalifornia, CA
CountyAll Counties
CourtAppellate Court
Court Address1st Appellate District
Phone
Field Date
Close Date2/9/2017
Documentpdf

Parties

CounselNameType
Carmela Anne Caramagno
P.O. Box 1811
Lafayette, CA 94549

Johnathan Santiago-HerreraPetitioner

The Superior Court of Contra Costa CountyRespondent
Office of the Attorney General
455 Golden Gate Avenue - Suite 11000
San Francisco, CA 94102-7004

Contact Name: Rene A. Chacon

Office Of The District Attorney
725 Court Street - Room 402
P. O. Box 670
Martinez, CA 94553

The PeopleReal Party in Interest
Docket (Register of Actions)
Date Description Notes
09/19/2016 Note: Stay Requested Date: 9/19/2016 Time: 8:30 am "On For assignment in the master calendar trial department. Last day of 10 day trail runs on 9/22/16."
09/18/2016 Filed petition for writ of: Prohibition/Mandate Immediate Stay Requested
09/18/2016 Motion filed. Motion to Seal Confidential Records
09/18/2016 Filed proof of service.
09/19/2016 Order filed. THE COURT:* Pending this court's consideration of the petition for writ of prohibition and/or mandate on file herein, the trial in People v. Santiago-Herrera, Contra Costa County Superior Court Case No. 5-151840-6, is temporarily stayed, subject further order of this court. Petitioner shall serve and file a certified copy of the transcripts, including copies of all exhibits admitted into evidence, from the September 8, 9, 15, and 16 hearings regarding his competency to stand trial as soon as they are available. Real party in interest is directed to serve and file points and authorities in opposition to the petition ten calendar days after those transcripts are filed and served. Petitioner may file and serve an optional reply brief ten calendar days after the opposition is filed and served. Petitioner's motion to seal confidential records is DENIED without prejudice to his re-submitting that motion in compliance with California Rules of Court, rules 8.45, 8.46, and 8.47. In particular the motion shall indicate which documents have been sealed by the trial court, which have not, which are confidential records pursuant to rule 8.47, and shall provide the supporting documents required by those rules (see e.g., rule 8.46(b) [documents that must be submitted pertaining to records sealed by the trial court].) In addition to filing and serving copies of this order on the parties and on the superior court, the clerk of the court is directed to inform the parties and the superior court of this order via telephone and/or facsimile. Please direct any inquiries to the Deputy Clerk for Division Three at (415) 865-7294.
09/19/2016 Note: Email a copy of the stay order to all party including Judge Kennedy.
09/23/2016 Motion filed. Amended motion to seal; supplemental declaration Carmela Caramagno with exhibits.
09/23/2016 Filed declaration of: Supplemental declaration Carmela Caramagno in support of petition for writ of prohibition/mandate. transcript of 9/8, 9/9, 9/15 and 9/16. (PUBLIC - REDACTS MATERIAL FROM CONFIDENTIAL SEALED PORTION OF RECORD)
09/30/2016 Opposition filed. opposition to petition for writ of mandate/prohibition
10/11/2016 Reply filed to: reply to opposition to petition for writ of prohibition/mandate
01/27/2017 Order filed. BY THE COURT: This court having reviewed the petition for writ of mandate/prohibition, the opposition thereto, and petitioner's reply, the court now advises the parties that it intends to proceed by issuing a peremptory writ in the first instance. (See Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171, 180 (Palma).) Generally, the court will employ "the accelerated Palma procedure . . . only when petitioner's entitlement to relief is so obvious that no purpose could reasonably be served by plenary consideration of the issue . . . or when there is an unusual urgency requiring acceleration of the normal process." (Ng v. Superior Court (1992) 4 Cal.4th 29, 35.) Real party in interest may, but is not required to, serve and file a supplemental opposition to the petition on or before February 6, 2017. If no such supplemental opposition is filed, the court will deem the opposition previously filed by real party in interest as the response to this order giving notice of the court's intent to proceed by issuing a peremptory writ in the first instance pursuant to Palma.
02/02/2017 Order filed. BY THE COURT: Petitioner's unopposed amended motion to seal is granted. The following items shall remain under seal in this court, with access afforded only to the parties and their counsel: (1) unredacted petition for writ of mandate/prohibition and attached declarations, received by this court in electronic form on September 18, 2016; and (2) unredacted supplemental declaration of Carmela Caramagno in support of petition for writ of mandate/prohibition, received by this court in electronic form on September 23, 2016. The following item shall remain under seal in this court, with access afforded only to petitioner and his counsel (see Cal. Rules of Court, rule 8.45(d)(2)): (3) sealed reporter's transcript of in camera hearing conducted in the superior court on September 9, 2016, which was received by this court on September 26, 2016.
02/08/2017 Note: No supplemental briefing filed by 02/06/17.
02/09/2017 Opinion filed. (Signed Unpublished) Let a peremptory writ of mandate issue directing respondent superior court to conduct a full competency hearing pursuant to section 1367 et seq. This decision is final as to this court immediately upon filing. (Cal. Rules of Court, rule 8.490(b)(2)(A).) The stay previously issued by this court shall remain in effect until the issuance of the remittitur.
Disposition
Description: Petition granted by opinion
Date: 02/09/2017
Disposition Type: Final Let a peremptory writ of mandate issue directing respondent superior court to conduct a full competency hearing pursuant to section 1367 et seq. This decision is final as to this court immediately upon filing. (Cal. Rules of Court, rule 8.490(b)(2)(A).) The stay previously issued by this court shall remain in effect until the issuance of the remittitur.
Publication Status: Signed Unpublished
Author: McGuiness, William R.
Participants: Siggins, Peter J. (Concur) Jenkins, Martin J. (Concur)
Case Citation: none