Lee and Jackie celebrate their 40th wedding anniversary

The Peterson family blog has a short note about the Peterson's 40th wedding anniversary and a photo taken at their 25th.  I had occasion to meet and visit with the Petersons a few times when I attended the trial.  I think the best description is one I found in an anniversary card -- They not only are a great couple, they are a couple of great people.

More information about the Habeas Appeal

I found this source for information on the habeas appeals in California.  It gives the process for non-death penalty habeas appeals, whereas the death penalty habeas appeals are filed in the CA Supreme Court.  The substance and structure of the habeas is the same for both death penalty and non-death penalty cases.

"Elements of a Habeas Petition" by Jonathan Grossman

The web page for State Senator Tom Harman, California's 35th District, provides information on SB1025 Habeas Corpus Reform, SCA27 Direct Appeal in Capital Cases, and SB1018 Single Drug Lethal Injection Procedure.

SB1025 proposes that habeas appeals in capital cases begin in the Superior Courts, as they do in non-capital cases.

Because habeas appeals involve extensive fact-finding and investigative duties that appellate courts are ill-equipped to handle, this proposal would both streamline the appellate process and ensure that habeas claims are efficiently and accurately resolved.

SCA27 allows the guaranteed direct appeals for capital cases to be heard by the Courts of Appeal, with review of the appellate opinion by the Supreme Court.

Chief Justice Ron George argues that the death penalty jeopardizes the Court's capacity to resolve other statewide legal issues and settle appellate conflicts, which is its primary obligation. 

California needs to do something to expedite this appeal process - not just for the victims, but for the wrongfully convicted.  Scott has been on death row now for over 6.5 years, and his Court record still has not been perfected.  It will probably be well into 2012 before his direct appeal brief is filed.  And then another couple of years before it is even considered by the CA Supreme Court.  

Len spoke, America listened, and Nancy went home

On Monday night's Dancing with the Stars, after an instant jive which earned Nancy Grace only 20 out of a possible 30 points, Judge Len Goodman told Nancy:

Nancy, yours is a Cinderella story.  You've come to the ball and you've lasted eight weeks, which I commend you for. However, for me, it's midnight and it's time to go home!

And on Tuesday night, Nancy was eliminated from the competition.  She's said publicly that she's donating her earnings for being on the show to the Missing and Exploited Children's Center.  I googled to see how much the stars earn for their participation in the competition and found this contract for Shawn Johnson in Season 8, which aired during the Fall of 2009, and Gawker dot com also gives these numbers:

• Guaranteed $125,000 for appearing on the show
• An additional $10,000 per week for weeks 3 and 4
• An additional $20,000 per week for weeks 5-7
• An additional $30,000 per week for weeks 8-9
• An additional $50,000 per week for weeks 10-11

The total for making it to the final 2 is $345,000.

Since Grace made it through week 8, she earned $215,000.   If she did indeed give that money to the Missing & Exploited Children's Center, then good for her.

But her dancing leaves a lot to be desired.  And her television show even more.

Understanding Scott's Appeal Process

I previously provided some basic information on how the appeals process works in capital cases in California.  Scott Peterson Case: Truth be Told provides some specific information on what is holding up Scott's appeal.  I highly recommend readers of this blog to that Facebook page, not only for this article, but for the 100 or so already written.

I'm not at all surprised that it is the prosecutors that are holding up Scott's appeal by inserting themselves into a phase of the appellate process that is supposed to be handled by the Attorney General's office -- they should have been told to butt out.  But even then, surely the prosecutors knew that everything that happened in the Prelim and Trial, including all of the exhibits used, would be part of the perfected record?  Just exactly what were they trying to keep out?

For that matter, why didn't the two Court Clerks simply include all of that information to begin with?  If you are going to be about the job of sending people to prison, then at least be informed on what is needed for the direct appeal and get it all sent in the first time around -- ESPECIALLY in capital cases, where the direct appeal is guaranteed.  This isn't rocket science!  A simple checklist would do nicely.  I think the California Supreme Court should slap monetary penalties on these Courts when they don't send all the necessary documents the first time around.

Will Nancy Grace make it to the Final Four on DWTS?

It's beginning to look like a real possibility that Nancy Grace will make it to the Final Four.  Chaz Bono is by far the worst dancer of the season.  Grace is on the bottom side of the middle-of-the pack group that still includes Rob Kardashian, David Arquette, and Hope Solo.  The top 2 -- Ricki Lake and J. R. Martinez -- lead the pack by a mile, in my opinion.  I don't care who ends up in the final four, as long as it includes both Ricki and J. R. and one of them wins it.

I hated to see Carson Kressley eliminated.  No, he wasn't a good dancer, but overall he wasn't any worse than Grace, Rob, David, and Hope, and he certainly was better than Chaz.  And he had such a huge personality and was so much fun to watch.  It isn't just about dancing; it's about entertainment and connecting to the audience.  J. R. and Ricki not only bring some real dance talent, but they also bring personality and they connect to the audience -- at least I feel a real connection to both of them.

I suspect Chaz Bono has the largest support group; but how big is Grace's?  I have to agree with Len -- Grace's quick step was by far her best dance, she was actually fun to watch, and she did a fairly good job on that "kiss of death" dance, but her other dances have just not been anything to get excited about.  She doesn't dance them badly, she just doesn't bring any personality to them.

My prediction is we may well see the most lopsided final four in DWTS history -- Chaz, Grace, J. R., and Ricki.

What's taking so long, Part 2

Scott's CA Supreme Court docket has the following two items:

09/03/2009	Received:	notice from superior court that 30,846 pp. record was sent to appellant's counsel on August 31, 2009.
09/08/2009	Date trial court delivered record to appellant's counsel	(30,846 pp. record) (see Cal. Rules of Court, rule 8.600(e)(1); the delivery date is the mailing date plus five days.) (Note: record was sent to appellant's counsel on August 31, 2009.)

Receiving that 30,846 pp record, which includes the trial court clerk's and reporter's transcripts, is just the beginning of the process.  The defense counsel now has to augment and complete the record, which means that every single page has to be reviewed to be sure everything that is needed for the appeal is included and then file motions to request anything that is missing.

Richard L. Rubin's Internet article "Update:  Augmenting and Completing the Record in Criminal Appeals:  A checklist" provides good detail on this process and some of the things the defense counsel has to be sure to get into the record.  The defense counsel has to be absolutely certain that everything needed for a successful direct appeal is included in the record -- and that obligation is amplified in a capital case with an inmate sitting on death row.

Scott's docket also has this entry:

01/19/2010

Received:

copy of order from Superior Court of Stanislaus County assigning Judge Scott Steffen on January 15, 2010 for matters related to certification of the record for accuracy. (Order signed by Presiding Judge Jack M. Jacobson.)

This means that any motions for items to be added to the 30,846 pp are filed with and argued before Judge Steffen.  All motions approved by Judge Steffen have to be fulfilled by the State.  These motions are not listed on Scott's docket, so we don't know what has been involved in this step of the process.  I assume at some point we'll see a docket entry that Judge Steffen has certified the record to be accurate and complete.

For those of you so inclined to read the rules governing the appellate process, click here and scroll down to Chapter Ten for rules that govern death penalty cases.

Clarification on what is included in the direct appeal

ScottPetersonAppeal dot Org has had an article explaining the appellate process up for some time, and includes an explanation of what goes into a direct appeal and what goes into a habeas appeal.

Direct Appeal:  Anyone sentenced to death is required to file a direct appeal with the California Supreme Court. This appeal may not be waived. The direct appeal has to do with anything within the court record. It covers things like change of venue, evidentiary issues, juror removal, or any judge's ruling.

Habeas Appeal:  While the direct appeal deals with any proceeding that is part of the perfected record, the Habeas is open to almost anything that may challenge a conviction. It may deal with a profound injustice that state law allows, but that our constitution ensures against. Habeas issues would also include new evidence, misconduct by the prosecution, or ineffective counsel for the defendant. Undisclosed bargains or incentives to witnesses can be grounds within this appeal. 
The habeas is not automatic. It is filed at the request of the client and the court can deny hearing it without comment.
Click here to read the entire article.