Parties and Attorneys
PEOPLE v. GALLEGO (GERALD ARMOND)
Division SF
Division SF
Case Number S004561
| Party | Attorney |
|---|---|
| The People : Plaintiff and Respondent | Attorney General - San Francisco Office Christopher J. Wei, Deputy Attorney General 455 Golden Gate Ave., Suite 6200 San Francisco, CA 94102-3658 |
| Gerald Armond Gallego : Defendant and Appellant San Quentin State Prison San Quentin, CA 94974 | Roderick P. Bushnell Bushnell, Caplan & Fielding 901 Market St., Suite 230 San Francisco, CA 94103 Linda E. Shostak Morrison & Foerster 345 California St. San Francisco, CA 94104 Rachel Krevans Morrison & Foerster 345 California St. San Francisco, CA 94104 |
Case Summary
Supreme Court Case:
S004561
Court of Appeal Case(s):
No Data Found
Trial Court Case:
Contra Costa County Superior Court - Court Annex
27054
27054
Case Caption:
PEOPLE v. GALLEGO (GERALD ARMOND)
Case Category:
Automatic Appeal
Start Date:
06/21/1983
Case Status:
closed; remittitur issued
Issues:
Automatic appeal from a judgment of death.
Disposition Date:
12/20/1990
Case Citation:
52 Cal.3d 115 original opinion
NOTE: The statement of the issues is intended simply to inform the public and the press of the general subject matter of the case. The description set out above does not necessarily reflect the view of the court, or define the specific issues that will be addressed by the court.
Cross Referenced Cases:
S042737
GALLEGO (GERALD A.) ON H.C.
Docket (Register of Actions)
PEOPLE v. GALLEGO (GERALD ARMOND)
Division SF
Division SF
Case Number S004561
| Date | Description | Notes |
|---|---|---|
| 06/21/1983 | Judgment of death | |
| 07/29/1983 | Filed certified copy of Judgment of Death Rendered | June 21, 1983. |
| 10/04/1983 | Counsel appointment order filed | Upon request of appellant for appointment of counsel and Roderick P. Bushnell, Esq., having consented to serve, is hereby appointed to represent appellant on his automatic appeal now pending in this court. |
| 10/24/1983 | Application for Extension of Time filed | Re App to Req Corr of Record. |
| 10/25/1983 | Extension of Time application Granted | To App To 12/23/83 To Req Corr of Record. |
| 12/20/1983 | Application for Extension of Time filed | Re App to Req Corr of Record. |
| 12/21/1983 | Extension of Time application Granted | To App To 2-21-84 To Req Corr of Record. |
| 01/11/1984 | Motion filed | appellant's "motion for stay of extradition proceedings pending completion of his appeal/or/in the alternative, pending completion of certification of appellant's record to the Supreme Court" |
| 01/13/1984 | Order filed: | Motion for stay of extradition, filed January 11, 1984, is denied as moot. |
| 02/17/1984 | Application for Extension of Time filed | Re App to Req Corr of Record. |
| 02/22/1984 | Extension of Time application Granted | To App To 4-21-84 To Req Corr of Record. |
| 04/20/1984 | Application for Extension of Time filed | Re App to Req Corr of Record. |
| 04/24/1984 | Extension of Time application Granted | To App To 6-21-84 To Req Corr of Record. |
| 06/14/1984 | Compensation awarded counsel | attorney Bushnell |
| 06/21/1984 | Application for Extension of Time filed | Re App to Req Corr of Record. |
| 06/28/1984 | Extension of Time application Granted | To App To 8-21-84 To Req Corr of Record. |
| 08/17/1984 | Application for Extension of Time filed | Re Appt to Req Corr of Record |
| 08/21/1984 | Extension of Time application Granted | |
| 10/22/1984 | Application for Extension of Time filed | Re App to Req Corr of Record. |
| 10/24/1984 | Extension of Time application Granted | |
| 01/03/1985 | Compensation awarded counsel | attorney Bushnell |
| 04/29/1986 | Record on appeal filed | C-13 (3849 pp.); R-25 (4672 pp.) and 21 sealed vols. of RT(record subsequently refiled after corrections) |
| 04/30/1986 | Record on appeal filed | R-87 (9768 Pp). |
| 05/08/1986 | Compensation awarded counsel | attorney Bushnell |
| 05/28/1986 | Application for Extension of Time filed | Re Aob. |
| 05/28/1986 | Extension of Time application Granted | To App To 6-30-86 To file Aob. |
| 06/26/1986 | Application for Extension of Time filed | Re Aob. |
| 06/30/1986 | Extension of Time application Granted | To App To 7-30-86 To file Aob. |
| 07/31/1986 | Application for Extension of Time filed | Re Aob. |
| 08/01/1986 | Extension of Time application Granted | To App To 8-30-86 To file Aob. |
| 08/25/1986 | Application for Extension of Time filed | Re Aob. |
| 08/26/1986 | Extension of Time application Granted | To App To 9-30-86 To file Aob. no further Extens. |
| 09/25/1986 | Application for Extension of Time filed | Re Aob. |
| 09/30/1986 | Extension of Time application Granted | To App To 10-30-86 To file Aob. no further Extensions will be Granted. |
| 10/24/1986 | Application for Extension of Time filed | Re Aob. |
| 10/28/1986 | Extension of Time application Granted | To App To 12-1-86 To file Aob. no further Extns. |
| 12/01/1986 | Appellant's opening brief filed | 4 vols. (728 pp.) |
| 12/29/1986 | Application for Extension of Time filed | Re Resp's brief. |
| 12/29/1986 | Extension of Time application Granted | To Resp To 3-1-87. |
| 01/22/1987 | Compensation awarded counsel | attorney Bushnell |
| 02/25/1987 | Application for Extension of Time filed | Re Resp's brief. |
| 02/26/1987 | Extension of Time application Granted | To Resp To 4-14-87 To file Resp's brief. |
| 04/13/1987 | Application for Extension of Time filed | Re Resp's brief. |
| 04/16/1987 | Extension of Time application Granted | To Resp To 5-14-87 To file Resp brief. |
| 05/13/1987 | Application for Extension of Time filed | Re Resp brief. |
| 05/14/1987 | Extension of Time application Granted | To Resp To 6-15-87 |
| 06/24/1987 | Respondent's brief filed | (391 pp.) (perm. to file) |
| 07/14/1987 | Application for Extension of Time filed | Reply brief |
| 07/16/1987 | Extension of Time application Granted | To App To 9-14-87 To file reply brief. |
| 09/14/1987 | Application for Extension of Time filed | Re reply brief. |
| 09/15/1987 | Extension of Time application Granted | To App To 10-14-87 To file reply brief. |
| 10/14/1987 | Application for Extension of Time filed | Re reply brief. |
| 10/16/1987 | Extension of Time application Granted | To App To 11-16-87 To file reply brief. |
| 11/18/1987 | Application for Extension of Time filed | Re reply brief. |
| 11/18/1987 | Extension of Time application Granted | To App To 12-18-87 To file reply brief. |
| 12/17/1987 | Application for Extension of Time filed | Re reply brief. |
| 12/17/1987 | Extension of Time application Granted | To App To 1-18-88 |
| 01/19/1988 | Application for Extension of Time filed | Re reply brief. |
| 01/19/1988 | Extension of Time application Granted | To App To 2-18-88 To file reply brief. no further Extensions. |
| 02/18/1988 | Application for Extension of Time filed | Re reply brief. |
| 02/18/1988 | Extension of Time application Granted | To App To 3-20-88 To file reply brief. |
| 03/21/1988 | Application for Extension of Time filed | Re reply brief. |
| 04/11/1988 | Appellant's reply brief filed | (143 pp.) |
| 04/15/1988 | Exhibits Lodged: | Photos Peo's 102-A Through 102-I and 117-A. |
| 11/10/1988 | Compensation awarded counsel | attorney Bushnell |
| 10/04/1989 | Habeas funds request filed (confidential) | |
| 04/26/1990 | Exhibits Lodged: | People'S: #8, 9, 71, 72, 99, 100 and 117. |
| 06/20/1990 | Letter sent to: | Counsel Advising Court Is Reviewing Appeal in Prep. for Oral Argument: Any Necessary Suppl briefs Due 7-10-90; Any Replies Due 7-30-90. |
| 06/27/1990 | Application for Extension of Time filed | By Applt to file Suppl briefs. |
| 07/02/1990 | Application for Extension of Time filed | By Resp to file Suppl brief. |
| 07/03/1990 | Letter sent to: | Counsel Advising Ext. granted to 8-30-90 to file Suppl briefs; Any Replies will be Due 9-20-90. |
| 08/15/1990 | Order filed re habeas funds request (confidential) | re: application filed 10-4-89. |
| 08/27/1990 | Application for Extension of Time filed | By Applt to file Suppl briefs. |
| 08/27/1990 | Letter sent to: | Counsel Advising Ext. granted to 9-7-90 to file Suppl briefs; Any Replies Due 9-27-90. the Court Anticipates no further Exts. of Time. |
| 09/07/1990 | Supplemental Brief filed by: | respondent (26 pp.) |
| 09/07/1990 | Supplemental Brief filed by: | appellant (112 pp.) |
| 09/19/1990 | Compensation awarded counsel | attorney Bushnell |
| 09/25/1990 | Filed: | Response to Applt's Suppl brief (15 Pp.) |
| 09/27/1990 | Supplemental Reply Brief filed by: | appellant (32 pp.) |
| 10/02/1990 | Case Ordered on Calendar: | Sac. 11-6-90 1:30 |
| 11/06/1990 | Cause Called and Argued (not yet submitted) | |
| 11/06/1990 | Submitted by order | |
| 12/20/1990 | Opinion filed: Judgment affirmed as modified | The judgment of guilt and the finding of three special circumstances are affirmed. One multiple-murder special circumstance is set aside. The judgment of death is affirmed. Majority Opinion by Lucas, C.J. -- joined by Broussard, Eagleson, Kennard and Arabian, JJ. -- Panelli, J. concurred in judgment only. Concurring Opinion by Mosk, J. |
| 12/27/1990 | Exhibits Returned to: | Contra Costa County Clerk |
| 01/04/1991 | Rehearing Petition filed by: | appellant (47 pp.) |
| 01/14/1991 | Time extended to consider modification or rehearing | to 3-20-91 |
| 01/15/1991 | Received: | acknowledgment of receipt of exhibits from Contra Costa County Clerk. |
| 02/27/1991 | Rehearing denied | Appellant's petition for rehearing denied. |
| 02/27/1991 | Remittitur issued (AA) | |
| 03/01/1991 | Order filed (150 day statement) | |
| 03/07/1991 | Received: | Receipt for Remittitur. |
| 04/11/1991 | Compensation awarded counsel | attorney Bushnell |
| 04/30/1991 | Application to stay execution filed | Appellant's request for stay of execution pending final determination of certiorari petition to be filed in U.S.S.C. (Execution Date: 7-2-91) |
| 05/16/1991 | Stay of execution order filed | On representation by counsel for appellant that he will submit to the United States Supreme Court a petition for certiorari seeking review of our decision affirming the judgment of death, the application for stay of execution is granted and execution of the judgment of death entered against appellant by the Superior Court of Contra Costa County, and affirmed by this court on December 20, 1990, (52 Cal.3d 115), is hereby stayed pending final determination of the petition by the United States Supreme Court. If a petition for writ of certiorari is not submitted within the time prescribed, this stay will terminate when the time for submitting such petition has expired. votes: Arabian, Acting C.J., Mosk, Broussard, Panelli, Kennard and Baxter, JJ. |
| 05/21/1991 | Received: | Notice from U.S.S.C. that Ext. granted to 6-27-91 to file Cert. Petn. |
| 06/26/1991 | Received: | Copy of Cert. Petn filed in U.S.S.C. |
| 07/02/1991 | Received: | Notice from U.S.S.C. of filing Petn for Cert. on 6-26-91, No. 90-8475. |
| 10/21/1991 | Certiorari denied by U.S. Supreme Court | |
| 11/14/1991 | Received: | Copy of Applt's Petn for Rehearing from Denial of Cert. Petn. |
| 12/09/1991 | Certiorari denied by U.S. Supreme Court | Justice Thomas took no part in the consideration or decision of this petition. |
| 02/26/1992 | Compensation awarded counsel | attorney Bushnell |
| 08/30/1994 | Motion filed | By Atty Roderick P. Bushnell to withdraw as Counsel of Record for Applt. |
| 08/30/1994 | Filed: | Applic. for Order appointing Linda E. Shostak and Rachel Krevans as Counsel for Applt. |
| 09/28/1994 | Order filed: | Good cause appearing therefor, the application of appointed counsel for permission to withdraw as attorney of record for appellant, filed September 16, 1994, is granted. The order appointing the Roderick P. Bushnell as counsel of record for appellant Gerald Armond Gallego, filed October 3, 1983, is hereby vacated. Linda Shostak is hereby appointed as attorney of record, and Rachel Krevans as associate counsel, for appellant Gerald Armond Gallego, for purposes of appropriate post-conviction proceedings in this court. |
| 10/14/1994 | Related habeas corpus petition filed (post-judgment) | by attorneys Linda E. Shostak and Rachel Krevans; case no. S042737 |
| 11/29/1994 | Habeas funds request filed (confidential) | |
| 12/20/1994 | Note: | Received copy of Gallego's Federal H.C. Petn. |
| 03/07/1995 | Habeas funds request filed (confidential) | (First Supplemental) |
| 03/16/1995 | Order filed re Habeas Funds Request | re: requests filed 11-29-94 and 3-7-95. |
| 07/18/2002 | Appellant deceased (AA) | |
| 07/19/2002 | Received: | telephonic notification from the Attorney General's Office that Gallego died at Nevada State Prison on July 18, 2002. |
| 02/25/2015 | Record shipped to State Archives |
Briefs
PEOPLE v. GALLEGO (GERALD ARMOND)
Division SF
Division SF
Case Number S004561
| Brief | Date Filed | Party and Attorney | Notes |
|---|---|---|---|
| Appellant's opening brief filed | 12/01/1986 | 4 vols. (728 pp.) | |
| Respondent's brief filed | 06/24/1987 | (391 pp.) (perm. to file) | |
| Appellant's reply brief filed | 04/11/1988 | (143 pp.) |
Disposition
PEOPLE v. GALLEGO (GERALD ARMOND)
Division SF
Division SF
Case Number S004561
Only the following dispositions are displayed below: Orders Denying Petitions, Orders Granting Rehearing and Opinions. Go to the Docket Entries screen for information regarding orders granting review.
Case Citation:
52 Cal.3d 115 original opinion
| Date | Description |
|---|---|
| 12/20/1990 | Opinion: Affirmed as modified |
Lower Court
PEOPLE v. GALLEGO (GERALD ARMOND)
Division SF
Division SF
Case Number S004561
No Court of Appeal data found.