Post-conviction Legal Chronology

California Court of Appeal
July 26, 1996: Lyle and Erik’s Notices of Appeal are logded.
May 19, 1997: Lyle and Erik file their respective opening briefs.
August 28, 1997: The Attorney General files Respondent’s brief.
October 22, 1997: Lyle files reply brief.
October 27, 1997: Erik files reply brief.
November 18, 1997: Case is orally argued and submitted.
February 27, 1998: A three-judge panel issues a 112-page unpublished opinion affirming the judgments of conviction.
March 17, 1998: Erik files Petition for rehearing, and Lyle files a Joinder to Erik’s petition.
March 26, 1998: Erik’s Petition for rehearing and Lyle’s Joinder are denied.

California Supreme Court
April 6, 1998: Lyle files Petition for review.
April 9, 1998: Erik files Petition for review.
May 27, 1998: The Petitions for review are denied.
October 5, 1998: Lyle files Petition for writ of habeas corpus.
March 31, 1999: Lyle’s Petition for writ of habeas corpus is denied.
April 30, 1999: Erik files Petition for writ of habeas corpus.
July 28, 1999: Erik’s Petition for writ of habeas corpus is denied.

United States District Court, Central District of California
Erik:
August 23, 1999: Erik files Petition for writ of habeas corpus.
September 9, 1999: Magistrate Judge Arthur Nakazato issues an Order summarily dismissing Erik’s Petition for writ of habeas corpus without prejudice and with leave to amend.
February 7, 2000: Erik files First amended petition for writ of habeas corpus.
May 10, 2000: The Attorney General (Respondent) files Respondent’s Motion to dismiss Erik’s First amended petition for writ of habeas corpus.
July 10, 2000: Erik files Opposition to Respondent’s Motion to dismiss Erik’s First amended petition for writ of habeas corpus.
July 25, 2000: Respondent files Motion to Erik’s Opposition to Respondent’s Motion to dismiss Erik’s First amended petition for writ of habeas corpus.
May 25, 2001: Respondent files Return to First amended petition for writ of habeas corpus.
September 28, 2001: Erik files Traverse to Respondent’s Return to Erik’s First amended petition for writ of habeas corpus.
November 16, 2001: Respondent files Reply to Erik’s Traverse.
March 4, 2003: Magistrate Judge Arthur Nakazato issues his Report and Recommendation in which he recommends that the District Judge deny Erik’s Petition for writ of habeas corpus and dismiss the action with prejudice.
April 28, 2003: Erik files Objections to the Magistrate Judge’s Report and Recommendation.
May 1, 2003: Erik files Motion for leave to file Second amended petition for writ of habeas corpus.
May 13, 2003: District Judge Manuel L. Real issues an Order approving the Report and Recommendation, and enters Judgment denying the Petition and dismissing the action with prejudice. Judge Real further issues an Order denying Erik’s Motion for leave to file Second amended petition for writ of habeas corpus.
May 21, 2003: Erik files Notice of Appeal to the Ninth Circuit Court of Appeal.
May 28, 2003: Erik files Request for certificate of appealability (COA).
June 6, 2003: District Judge Manuel L. Real issues an Order denying the COA.

United States District Court, Eastern District of California
Lyle:
February 16, 2000: Lyle files Petition for writ of habeas corpus.
February 22, 2000: District Judge Anthony Ishii issues an Order transferring Lyle’s habeas corpus case to the USDC, Central District of California.

United States District Court, Central District of California
Lyle:
March 6, 2000: Lyle’s Petition for writ of habeas corpus is received from the USDC, Eastern District of California.
April 23, 2001: Respondent files Return to Petition for writ of habeas corpus.
June 21, 2002: Lyle files Traverse to Respondent’s Return to Petition for writ of habeas corpus.
March 4, 2003: Magistrate Judge Arthur Nakazato issues his Report and Recommendation in which he recommends that the District Judge deny Lyle’s Petition for writ of habeas corpus and dismiss the action with prejudice.
March 21, 2003: Lyle files Objections to the Magistrate Judge’s Report and Recommendation.
March 31, 2003: District Judge Manuel L. Real issues an Order approving the Report and Recommendation, and enters Judgment denying the Petition and dismissing the action with prejudice.
April 29, 2003: Lyle files Notice of Appeal to the Ninth Circuit Court of Appeal, and a Request for COA.
May 14, 2003: District Judge Manuel L. Real issues an Order denying the COA.

Ninth Circuit Court of Appeal
May 22, 2003: Lyle files Request for a certificate of appealability (COA).
June 2, 2003: Lyle files Motion for COA.
June 17, 2003: Erik files Request for COA.
July 3, 2003: Erik files Motion for COA.
December 18, 2003: Erik’s request for COA is granted.
December 22, 2003: Lyle’s request for COA is granted.
April 16, 2004: The Court issues an Order consolidating Lyle and Erik’s appeal.
April 27, 2004: Lyle and Erik file their Joint opening brief.
September 2, 2004: Respondent files Appellee’s brief.
October 25, 2004: Lyle files reply brief.
October 29, 2004: Erik files reply brief.
February 17, 2005: Case is orally argued and submitted. (Audio recording)
September 7, 2005: A three-judge panel issues a 42-page Opinion affirming the District Court’s denial of Lyle and Erik’s petitions for writ of habeas corpus.
October 21, 2005: Lyle and Erik file petition for panel rehearing and petition for rehearing en banc.
November 22, 2005: The petition for panel rehearing and the petition for rehearing en banc are denied.

The information has been compiled from court dockets found at: California Appellate Courts Case Information System and Public Access to Court Electronic Records (PACER) (Registration required.)