HIGH COURT

what's up in the california supreme court?

This article is now current through December 4, 2022
We will be updating it soon – usually every 1-2 weeks.

Meanwhile, be sure to check the California Supreme Court Docket by visiting its official web page. The Court has also made available both Published and Unpublished Opinions granted review (external links).

Cases/Issues Currently Pending:

The cases pending are grouped by topical category and subcategory, using the same topics utilized in The Search page . Their use here extends the single platform approach in that it allows the user to cross-reference briefs, recently decided cases included in the case summaries, victories, and cases currently on review in the California Supreme Court.

HOW TO SEARCH FOR CASES BY NAME: Use the Show All button below, then use your browser's "Find" feature. For example, for Firefox® and Internet Explorer®, you can use "Control-F" to pop up the "Find" box.

Appeals
Prejudice Standard on Appeal for SB 567 Issue	Updated: 12/14/2022
Appeals
Procedures When Appointed Counsel Determines that an Appeal from an Order Denying Postconviction Relief Lacks Arguable Merit	Updated: 11/22/2022
Appeals
True Finding on Gang-Killing Special Circumstance and Chiu Error / Harmless Error Review	Updated: 10/12/2022
Appeals
Mistake of Fact Instructional Error and Prejudice Standard	Updated: 12/29/2021
Civil Commitments
Does the SVPA Allow the People to Retain a Private Expert to Testify at Trial	Updated: 10/26/2022
Civil Commitments
Delay of SVP Trial Due Process Violation?	Updated: 7/13/2022
Crimes
Constitutional Challenge to AB 333's Application to the Gang-Murder Special Circumstance	Updated: 11/16/2022
Crimes
Establishing a "Pattern of Criminal Gang Activity"--Must the People Show Two or More Gang Members Worked in Concert During Each Predicate Offense	Updated: 10/19/2022
Crimes
SB 1437 Resentencing--Does Substantial Evidence Support Findings that Petitioner Acted with Implied Malice, or that Actions Constituted Murder or Aided and Abetted Murder	Updated: 10/19/2022
Crimes
PC 136.1 and Dissuading a Victim or Witness After a Charging Document Has Been Filed	Updated: 8/31/2022
Crimes
Did Trial Court Err by Providing Kill Zone Instruction / Did COA Apply Proper Standard of Review Under People v. Canizales	Updated: 4/27/2022
Crimes
Court Dismissal of Strict Liability Offense and State Law Preemption of Local Ordinance	Updated: 3/16/2022
Crimes
Kidnapping to Commit Rape Based on the Use of Deception to Take Intoxicated Adult Victim	Updated: 2/23/2022
Crimes
Whether Assault by Means of Force Likely to Produce Great Bodily Injury a Lesser Included Offense of Assault with a Deadly Weapon	Updated: 2/23/2022
Crimes
First Degree Murder--Substantial Concurrent Causation Theory (Sanchez) and Impact of Chiu and SB 1437	Updated: 10/13/2021
Crimes
Murder--Instruction on Elements of First Degree Murder By Poison	Updated: 11/13/2019
Delinquency
Adequate Exercise of Discretion Under In re Manzy W.?	Updated: 10/27/2021
Delinquency
Court Delegating Authority to Allow Probation Department to Offer Minor Community Service Hours to Work Off Alleged Probation Violations	Updated: 6/30/2021
Dependency (300)
Additional Evidence in Appellate Court to Remedy the Failure to Comply with ICWA	Updated: 11/30/2022
Dependency (300)
Whether Appeal of Jurisdictional Finding is Moot When Jurisdiction Had Been Terminated in the Interim, Even though Parents Might Be Registered on the Child Abuse Central Index	Updated: 10/26/2022
Dependency (300)
What Constitutes Reversible Error When ICWA Inquiry Not Made	Updated: 10/12/2022
Dependency (300)
Definition of "Substance Abuse" and is a Finding of Parental Substance Abuse Alone Sufficient to Warrant Juvenile Court Jurisdiction	Updated: 8/24/2022
Evidence
Must Gang Enhancements be Vacated Based on AB 333	Updated: 5/11/2022
Evidence
Sufficiency Evidence Gang Enhancements	Updated: 10/20/2021
Evidence
Sufficiency of the Evidence--Conspiracy to Commit Murder for the Benefit of a Gang	Updated: 12/9/2020
Habeas Corpus
Did True Finding on PC 12022.53, subd. (d) Enhancement Render People v. Chun (2009) 45 Cal.4th 1172 Error Harmless Beyond a Reasonable Doubt	Updated: 4/28/2021
Habeas Corpus
When Does AG Have Duty to Disclose Brady Material During Habeas Proceedings	Updated: 4/28/2021
Jury Trial
Retroactivity of Assembly Bill No. 333's Provision Permitting the Bifurcation of Gang Allegations at Trial	Updated: 12/14/2022
Jury Trial
Drug Overdose as Implicit Waiver of Right to be Present at Trial / No Continuance for Defendant to Testify	Updated: 3/30/2022
Jury Trial
Jury Instruction on Voluntary Manslaughter Based on Imperfect Self-Defense and Prejudice Standard	Updated: 1/19/2022
Jury Trial
Batson/Wheeler--Discovery of Prosecutor's Jury Selection Notes	Updated: 7/24/2019
Motions
Demonstrating Prejudice for PC 1473.7 Motion	Updated: 12/14/2022
Pleadings
Trial Court Permission to Consolidate Pleadings	Updated: 1/30/2019
Pretrial Motions
Evidence at Bail Hearing	Updated: 3/9/2022
Pretrial Motions
When Does Incompetency Commitment End	Updated: 1/5/2022
Probation & Parole
Retroactivity of AB 1950 and Remand Procedure	Updated: 11/22/2022
Probation & Parole
AB 1950 Retroactive Application When Probation Revoked Before Effective Date	Updated: 11/16/2022
Probation & Parole
Youth Offender Parole--Constitutionality of Excluding Young Adults Sentenced Under One Strike law	Updated: 6/29/2022
Probation & Parole
Required Findings and Balancing Test for Admitting Hearsay at Probation/Parole Revocation Hearings	Updated: 7/14/2021
Search and Seizure
Illegal Detention--Does Discovery of a Parole or Probation Search Condition Remove Taint Under the Attenuation Doctrine	Updated: 6/29/2022
Search and Seizure
Whether Defendant Was Detained When Officer Shone a Spotlight on Defendant's Parked Car and Ordered Passenger to Stay Near Car	Updated: 6/29/2022
Search and Seizure
Continuing Hearing on Motion to Suppress When Denying Continuance Would Result in Dismissal	Updated: 12/22/2021
Sentencing
Striking PC § 12022.53 Firearm Enhancement and Imposing Lesser Uncharged Enhancement Pursuant to a Different Statute (PC § 12022.5)	Updated: 12/14/2022
Sentencing
Did Court of Appeal Err by Finding Trial Court Would Not Have Imposed a Low Term Sentence Under Newly-Added Penal Code section 1170, Subdivision (b)(6)	Updated: 11/30/2022
Sentencing
Setting Victim Restitution After Terminating Probation Pursuant to AB 1950	Updated: 10/26/2022
Sentencing
Constitutionality of Fact-Finding Required by PC 667.6, subd. (d)	Updated: 9/28/2022
Sentencing
SB 1437--Gang-Murder Special Circumstance Preclude Eligibility for Resentencing at Prima Facie Stage?	Updated: 9/14/2022
Sentencing
One Strike Law Pleading and Sentencing	Updated: 9/14/2022
Sentencing
Constitutionality of Three Strikes Law--Requiring Prosecutors to Plead and Prove Prior Convictions	Updated: 8/31/2022
Sentencing
Mental Health Diversion--Latest Point to Request	Updated: 3/9/2022
Sentencing
Judicial Fact Finding at Sentencing When Jury Failed to Reach a Verdict	Updated: 12/15/2021
Sentencing
Does Gallardo (Limiting Judicial Fact-Finding for Prior Convictions) Apply Retroactively	Updated: 12/23/2020
Sentencing
Fines, Fees, Assessments and Considering Defendant's Ability to Pay	Updated: 6/17/2020