(Subscription required) Justices have asked for briefs on the 2020 law's constitutionality, questioning if racially discriminatory language in death penalty cases mandates reversal. The issue revolves around whether courts are obligated to reverse convictions when such errors occur based on the Legislature's judgment.

In People v. Wiley, the Supreme Court yesterday held the Sixth Amendment guaranteed a defendant a jury trial on certain facts that were the basis for imposing an upper term sentence for making a criminal threat. The sentencing court, without a jury, had relied on the defendant’s prior convictions, his poor performance on probation, and the increasing seriousness of the charges.

(Subscription required) California's budget deal avoids major court cuts, authorizes courthouse sales, and allocates $30 million for Proposition 36, but ongoing funding disputes and housing law changes may bring up legal battles.

(Subscription required) A 9th Circuit panel struck down California's gun-rationing law, and while Attorney General Rob Bonta may seek en banc review, history, doctrine and a weak factual case may all work against him.