Wednesday April 07, 2021
9:00 am - 3:30 pm
Supreme Court Oral Arguments for April 7, 2021
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All Opinions are now posted.
The court directed the parties to address the following issues: (1) Is the dismissal of a condemned inmate’s habeas corpus petition pursuant to Penal Code section 1509, subdivision (d) an appealable order and subject to the requirement of obtaining a certificate of appealability under Penal Code section 1509.1, subdivision (c), which applies to the “decision of the superior court denying relief on a successive petition” (italics added)? (2) What is the meaning of the term “successive petition” in Penal Code section 1509, subdivision (d), and is the habeas corpus petition at issue a successive petition? (3) If the habeas corpus petition at issue is a successive petition within the meaning of the statute, can the statutory provisions governing such petitions be applied to this petition when petitioner’s first habeas corpus petition was filed before the statutes took effect (see, e.g., Landgraf v. USI Film Products (1994) 511 U.S. 244, 269-270)?
The court limited review to the following issue: Must the trier of fact find, beyond a reasonable doubt, that the objector is unwilling or unable voluntarily to accept meaningful treatment before a conservator may be appointed, or reappointed, under the Lanterman-Petris-Short Act (Welf. & Inst. Code, § 5000 et seq.)?
This case presents the following issue: Did the deceased victim’s voluntary ingestion of fentanyl furnished by the defendant in the belief that it was cocaine support imposition of an enhancement for the personal infliction of great bodily injury (Pen. Code, § 12022.7, subd. (a))?
Both cases present the following issue: Did defendant’s failure to object at trial, before People v. Sánchez (2016) 63 Cal.4th 665 was decided, forfeit his claim that a gang expert’s testimony related case-specific hearsay in violation of his Sixth Amendment right of confrontation?
This matter is an automatic appeal from a judgment of death.