No. 21-8248

Lorenzo Newborn, Karl Darnell Holmes, and Herbert McClain v. California

Lower Court: California
Docketed: 2022-06-28
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: appointed-counsel court-appointment criminal-appeal criminal-procedure due-process in-forma-pauperis indigent-defendant indigent-status right-to-counsel supreme-court-rule writ-of-certiorari
Key Terms:
DueProcess FifthAmendment Punishment JusticiabilityDoctri
Latest Conference: 2022-10-28 (distributed 2 times)
Question Presented (AI Summary)

Whether petitioner should be granted leave to proceed in forma pauperis

Question Presented (OCR Extract)

No question identified. : Petitioner, Lorenzo Newborn, through his attorney, Eric S. Multhaup, hereby moves pursuant to Supreme Court Rule 39.1 for leave to proceed in forma pauperis before this Court. As demonstrated by the attached order appointing Eric Multhaup by the Supreme Court of California, petitioner has been represented by appointed counsel throughout the proceedings below and remains without sufficient funds to afford counsel or payment of costs. Wherefore, petitioner respectfully prays that an order be entered granting him leave to proceed in forma pauperis. Date: June 23, 2002 By: . Eric 8. Multhaup Counsel of Record for Petitioner Lorenzo Newborn DECLARATION OF COUNSEL I, Eric S. Multhaup, declare that I am an attorney admitted to practice in this Court. I was appointed by the Supreme Court of California to represent petitioner in his automatic appeal from the judgment of death. Petitioner is in custody and does not have the financial ability to afford an attorney on this petition to the United States Supreme Court for a writ of certiorari. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on June 23, 2022 at Mill Valley, California. Ue 2. multhawyeEric S. Multhaup Counsel of Record for Petitioner Lorenzo Newborn . SUPREME COURT FILED NOV 25 2003 , . 8058734 ‘ @ Frederick K. Ohlrich Clerk : DEPUTY IN THE SUPREME COURT OF CALIFORNIA En Banc : THE PEOPLE, Respondent, ; . v. KARL DARNELL HOLMES et al., Appellants. Good cause appearing, the application of appointed counsel for permission to withdraw as attorney of record for appellant Lorenzo Alex Newbom, filed October 23, 2003 (supporting declaration filed Nov. 3, 2003), is granted. — ; The order appointing Thomas Kallay as appellate counsel of record for appellant e . Lorenzo Alex Newborn, filed September 26, 2001, is hereby vacated. Eric S. Multhaup is hereby appointed as counsel of record to represent appellant Lorenzo Alex Newborn for the direct appeal in the above automatic appeal now pending in this court. Thomas Kallay is directed to deliver to Eric S. Multhaup, within 30 days from the . filing of this order, his copy of the record on appeal in People v. Holmes, McLain and Newborn, and all appellate and habeas corpus work product on behalf of appellant Newbom. Mr. Kallay also is directed to deliver to Mr. Multhaup, within 30 days from the filing of this order, all trial files, reports and related materials that he has obtained from trial counsel, paralegals, experts and investigators, or from any other source. Brown, J., was absent and did not participate. e Chief Justice 7 a 23IN THE UNITED STATES SUPREME COURT No. KARL DARNELLL HOLMES, Petitioner, v. STATE OF CALIFORNIA, Respondent. MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS The Petitioner, Karl Darnell Holmes, through his attorney, hereby moves pursuant to Supreme Court Rule 39, for leave to proceed in forma pauperis before this Court. In support of his motion, Petitioner states that he has been represented by appointed counsel throughout the proceedings below and remains without sufficient funds to afford counsel or payment of costs. WHEREFORE, Petitioner respectfully prays that an order be entered granting him leave to proceed in forma pauperis. . Dated: June 23, 2022, at Modesto, California. BY se PSZie> onsale! Counsel ofRekord for Petitioner DECLARATION Karen Kelly states that she is the attorney, who on March 8, 2002, was appointed by the California Supreme Court to represent Petitioner Karl Darnell Holmes in case number S058734. The Petitioner is in custody and does not have the financial ability to afford an attorney on this petition to the United States Supreme Court for a writ of certiorari. 1 declare under penalty of perjury of the laws of the United States of America that the foregoing is true and accurate. Executed on June 23, 2022, at Modesto, California. —. a =o 4 Counsel of ReCord for Petitioner Karen K

Docket Entries

2022-11-03
Record returned to the Supreme Court of California (6 boxes).
2022-10-31
Petition DENIED.
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-10-05
Record received from the Supreme Court of California (6 boxes).
2022-09-22
Record Requested.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-08-26
Brief of respondent California in opposition filed.
2022-07-12
Motion to extend the time to file a response is granted and the time is extended to and including August 29, 2022. See Rule 30.1.
2022-07-11
Motion to extend the time to file a response from July 28, 2022 to August 27, 2022, submitted to The Clerk.
2022-06-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 28, 2022)

Attorneys

California
Dana Muhammad AliCA Dept. of Justice, Attorney General's Office, Respondent
Lorenzo Newborn, et al.
Eric Stephen MulthaupLaw Offices of Eric Multhaup, Petitioner