Petition DENIED. (orders list)

DISTRIBUTED for Conference of January 16, 2009.

Brief of respondent California in opposition filed.

Order extending time to file response to petition to and including December 22, 2008.

Response Requested . (Due November 21, 2008)

DISTRIBUTED for Conference of October 31, 2008.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 2, 2008)

Dwayne Smith, Petitioner, pro se

California, Respondent, represented by Robin Helene Derman

California, Respondent, represented by Steven T. Oetting