In re RONALD J. McINTOSH on Habeas Corpus

DispositionDescription: Petition summarily denied by order; Disposition Type: Final BY THE COURT:* The petition does not contain sufficient allegations or record evidence demonstrating that petitioner exhausted his superior court habeas corpus remedy as to all claims made in this court, particularly Claims Four and Five. To avoid piecemeal review of petitioner's claims, which would be undesirable in light of their complexity and the sizable supporting record, the petition for writ of habeas corpus is denied without prejudice to being refiled in this court after petitioner exhausts all unexhausted claims in the San Mateo County Superior Court. (In re Steele (2004) 32 Cal.4th 682, 692; In re Hillery (1962) 202 Cal.App.2d 293, 294.) Any refiled petition shall include factual allegations, supported by documents, demonstrating petitioner's exhaustion of his superior court habeas corpus remedy as to all claims. (People v. Duvall (1995) 9 Cal.4th 464, 474.) Additionally, the present petition does not fully comply with rule 8.384(a)(3) and (b)(1). The petition does not consistently "support any reference to a matter in the supporting documents by a citation to its index number or letter and page," as required by rule 8.384(a)(3). Given the size of the record accompanying the petition, it is particularly important for the petition to cite to the record supporting factual references, and to do so by citing the exhibit number and point page (e.g., Exh. 3, p. 10). Additionally, the record does not include copies of all petitions previously filed in federal court, as required by rule 8.384(b)(1). Furthermore, a habeas corpus petition should include copies of reasonably available documents. (People v. Duvall, supra, 9 Cal.4th at p. 474.) Here, numerous factual statements are unaccompanied by record citations to a supporting record. Additionally, although the petition refers to some such documents, and the entire superior court record is important to enable informed review by this court, the petition does not include a complete record of the superior court habeas corpus proceedings, including all orders, informal and formal briefs/pleadings, and exhibits. Any refiled petition shall cure the foregoing issues or demonstrate good cause for not doing so. * Before Jackson, P.J., Simons, J. and Wiseman, J. (Retired Associate Justice of the Court of Appeal, Fifth Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.)

DocketDescription: Case complete.

DocketDescription: Order denying petition filed.; Notes: BY THE COURT:* The petition does not contain sufficient allegations or record evidence demonstrating that petitioner exhausted his superior court habeas corpus remedy as to all claims made in this court, particularly Claims Four and Five. To avoid piecemeal review of petitioner's claims, which would be undesirable in light of their complexity and the sizable supporting record, the petition for writ of habeas corpus is denied without prejudice to being refiled in this court after petitioner exhausts all unexhausted claims in the San Mateo County Superior Court. (In re Steele (2004) 32 Cal.4th 682, 692; In re Hillery (1962) 202 Cal.App.2d 293, 294.) Any refiled petition shall include factual allegations, supported by documents, demonstrating petitioner's exhaustion of his superior court habeas corpus remedy as to all claims. (People v. Duvall (1995) 9 Cal.4th 464, 474.) Additionally, the present petition does not fully comply with rule 8.384(a)(3) and (b)(1). The petition does not consistently "support any reference to a matter in the supporting documents by a citation to its index number or letter and page," as required by rule 8.384(a)(3). Given the size of the record accompanying the petition, it is particularly important for the petition to cite to the record supporting factual references, and to do so by citing the exhibit number and point page (e.g., Exh. 3, p. 10). Additionally, the record does not include copies of all petitions previously filed in federal court, as required by rule 8.384(b)(1). Furthermore, a habeas corpus petition should include copies of reasonably available documents. (People v. Duvall, supra, 9 Cal.4th at p. 474.) Here, numerous factual statements are unaccompanied by record citations to a supporting record. Additionally, although the petition refers to some such documents, and the entire superior court record is important to enable informed review by this court, the petition does not include a complete record of the superior court habeas corpus proceedings, including all orders, informal and formal briefs/pleadings, and exhibits. Any refiled petition shall cure the foregoing issues or demonstrate good cause for not doing so. * Before Jackson, P.J., Simons, J. and Wiseman, J. (Retired Associate Justice of the Court of Appeal, Fifth Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.)

DocketDescription: Exhibits lodged.; Notes: Appendix volumes 1-42; submitted by flash drive

DocketDescription: Order filed.; Notes: Petitioner's application for permission to file a brief in excess of 14,000 words is granted. Additionally, petitioner's counsel shall ensure that the flash drive containing the exhibits in support of the petition is delivered to this court on or before July 8, 2022.

DocketDescription: Filed proof of service.

DocketDescription: Application filed to:; Notes: file brief in excess of 14,000 words

DocketDescription: Filed document entitled:; Notes: Notice of Lodging Appendix of Exhibits in Support of Petition for Writ of Habeas Corpus Flash drive coming with volumes 1-42

DocketDescription: Petition for a writ of habeas corpus filed.

DocketTrial Court Name: San Mateo County Superior Court - Main (Redwood City); County: San Mateo; Trial Court Case Number: H2748; Trial Court Judge: Scott, Joseph

DocketTrial Court Name: San Mateo County Superior Court - Main (Redwood City); County: San Mateo; Trial Court Case Number: SC023606; Trial Court Judge: Bible, John