Record returned to Court of Appeals of California, First Appellate District.

Acknowledgement of receipt (02/27/07) of judgment from Clerk, Court of Appeal of California, First Appellate District received.

MANDATE ISSUED.

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., fi (orders list)

Argued. For petitioner: Peter Gold, San Francisco, Cal. (Appointed by this Court.) For respondent: Jeffrey Laurence, Deputy Attorney General, San Francisco, Cal.

Letter from counsel for the respondent received. (Distributed).

Reply of petitioner John Cunningham filed. (Distributed)

Record received from Court of Appeal of California, 1st District, Division 5.

CIRCULATED.

SET FOR ARGUMENT on Wednesday, October 11, 2006.

Brief amici curiae of Hawaii, et al. filed.

Brief of respondent California filed.

Extension of time within which to file respondent's brief on the merits to and including July 12, 2006.

Brief amicus curiae of National Association of Criminal Defense Lawyers filed.

Joint appendix filed.

Brief of petitioner John Cunningham filed.

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. (orders list)

Extension of time within which to file the joint appendix and petitioner's brief on the merits to and including May 8, 2006.

Motion DISTRIBUTED for Conference of March 31, 2006.

Motion to appoint counsel filed by petitioner.

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. (orders list)

DISTRIBUTED for Conference of February 17, 2006.

Reply of petitioner John Cunningham filed.

Brief of respondent California in opposition filed.

Order extending time to file response to petition to and including December 22, 2005.

Response Requested . (Due December 8, 2005)

DISTRIBUTED for Conference of November 23, 2005.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2005)

John Cunningham, Petitioner, represented by Peter Gold

California, Respondent, represented by Jeffrey M.K. Laurence

Hawaii, et al., Amicus Curiae, represented by Kimberly A. Tsumoto

National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Jeffrey L. Fisher