No. 05-6551
Title:
John Cunningham, Petitioner
v.
California
Docketed:September 22, 2005
Lower Ct:Court of Appeal of California, First Appellate District
  Case Nos.:(A103501)
  Decision Date:April 18, 2005
  Rehearing Denied:May 4, 2005
Discretionary Court  
  Decision Date:June 29, 2005
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Sep 17 2005 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2005)
Nov 3 2005 DISTRIBUTED for Conference of November 23, 2005.
Nov 8 2005 Response Requested . (Due December 8, 2005)
Dec 1 2005 Order extending time to file response to petition to and including December 22, 2005.
Dec 12 2005 Brief of respondent California in opposition filed.
Dec 15 2005 Reply of petitioner John Cunningham filed.
Jan 11 2006 DISTRIBUTED for Conference of February 17, 2006.
Feb 21 2006 Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Feb 24 2006 Motion to appoint counsel filed by petitioner.
Mar 15 2006 Motion DISTRIBUTED for Conference of March 31, 2006.
Mar 21 2006 Extension of time within which to file the joint appendix and petitioner's brief on the merits to and including May 8, 2006.
Apr 3 2006 Motion to appoint counsel filed by petitioner GRANTED. Peter Gold, Esquire, of San Francisco, California is appointed to serve as counsel for the petitioner in this case.
May 4 2006 Joint appendix filed.
May 4 2006 Brief of petitioner John Cunningham filed.
May 8 2006 Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
May 16 2006 Extension of time within which to file respondent's brief on the merits to and including July 12, 2006.
Jul 12 2006 Brief amici curiae of Hawaii, et al. filed.
Jul 12 2006 Brief of respondent California filed.
Jul 14 2006 SET FOR ARGUMENT on Wednesday, October 11, 2006.
Jul 17 2006 CIRCULATED.
Aug 4 2006 Record received from Court of Appeal of California, 1st District, Division 5.
Aug 16 2006 Reply of petitioner John Cunningham filed. (Distributed)
Sep 25 2006 Letter from counsel for the respondent received. (Distributed).
Oct 11 2006 Argued. For petitioner: Peter Gold, San Francisco, Cal. (Appointed by this Court.) For respondent: Jeffrey Laurence, Deputy Attorney General, San Francisco, Cal.
Jan 22 2007 Judgment REVERSED IN PART AND REMANDED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Scalia, Souter, and Thomas, JJ., joined. Kennedy, J., filed a dissenting opinion, in which Breyer, J., joined. Alito, J., filed a dissenting opinion, in which Kennedy and Breyer, JJ., joined.
Feb 23 2007 MANDATE ISSUED.
Mar 6 2007 Acknowledgement of receipt (02/27/07) of judgment from Clerk, Court of Appeal of California, First Appellate District received.
Jun 19 2007 Record returned to Court of Appeals of California, First Appellate District.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Peter Gold 5758 Geary Blvd. (510) 872-6305
    Counsel of Record#160
San Francisco, CA  94121
Party name: John Cunningham
Attorneys for Respondent:
Jeffrey M. Laurence Office of the Attorney General(415) 703-5897
    Counsel of Record455 Golden Gate Avenue, Suite 11000
San Francisco, CA  94102-7004
Jeff.Laurence@doj.ca.gov
Party name: California
Other:
Jeffrey L. Fisher Davis Wright Tremaine LLP(206) 622-3150
Suite 2200
1201 Third Avenue
Seattle, WA  98101-3045
Party name: National Association of Criminal Defense Lawyers
 
Kimberly A. Tsumoto Deputy Attorney General(808) 586-1360
Department of Attorney General
425 Queen St.
Honolulu, HI  96813
Party name: Hawaii, et al.