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what's up in the california supreme court?

This article is now current through March 21, 2021
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 The Court has also made available both Published and Unpublished Opinions granted review (external links).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
Procedures When Appointed Counsel Determines that an Appeal from an Order Denying Postconviction Relief Lacks Arguable Merit Updated: 3/24/2021
Appeals
Mistake of Fact Instructional Error and Prejudice Standard Updated: 2/24/2021
Appeals
True Finding on Gang-Killing Special Circumstance and Chiu Error / Harmless Error Review Updated: 1/15/2020
Areas of Constitutional Law
Bail and the Ability to Pay Updated: 9/30/2020
Areas of Constitutional Law
IAC for Failure to Investigate and Appellate Review of IAC Claim Updated: 8/22/2018
Areas of Constitutional Law
Denial of Bail Updated: 5/23/2018
Areas of Constitutional Law
Constitutional Right to Privacy and Psychotherapist Requirement to Report Clients Who Watch Child Pornography Updated: 5/10/2017
Civil Commitments
Evidence--Relying on Case-Specific Hearsay Contained in Psychological Evaluations in Finding Probable Cause to Commit Petitioner as SVP Updated: 3/17/2021
Civil Commitments
Conservatorship--Right Not to Testify Updated: 6/24/2020
Civil Commitments
LPS--Must the Trier of Fact Find, Beyond a Reasonable Doubt, that the Objector is Unwilling or Unable Voluntarily to Accept Meaningful Treatment Updated: 2/11/2020
Crimes
Murder--SB 1437's Application to Attempted Murder Liability Under the NPC Doctrine and Aider and Abettor Liability Updated: 3/24/2021
Crimes
Prop. 64--Criminal Status of Possession of Marijuana in Prison Updated: 3/10/2021
Crimes
Murder--SB 1437's Application to Second Degree Murder Under NPC, Retroactivity and Instructional Error Updated: 10/8/2020
Crimes
Whether Assault by Means of Force Likely to Produce Great Bodily Injury a Lesser Included Offense of Assault with a Deadly Weapon Updated: 4/22/2020
Crimes
PC 632.7--Recording Cell Phone Calls Without Participants' Consent Updated: 4/1/2020
Crimes
First Degree Murder--Substantial Concurrent Causation Theory (Sanchez) and Impact of Chiu and SB 1437 Updated: 3/25/2020
Crimes
Whether Conviction for Human Trafficking of a Minor (PC 236.1, subd. (c)(1)) was Proper Where Defendant was Communicating with Adult Police Officer Updated: 3/11/2020
Crimes
Murder--Instruction on Elements of First Degree Murder By Poison Updated: 11/13/2019
Dependency (300)
Whether it is Structural Error for a Juvenile Court to Proceed With Jurisdiction and Disposition Hearings Without an Incarcerated Parent's Presence Updated: 2/17/2021
Dependency (300)
Does Parent Have Right to Challenge Counsel's Failure to File Timely NOA from Order Terminating Parental Rights Updated: 10/21/2020
Dependency (300)
Beneficial Parental Relationship Exception to Adoption Updated: 7/24/2019
Evidence
Hearsay/Confrontation Clause and Gang Expert Testimony Regarding Uncharged Predicate Offenses to Establish a "Pattern of Criminal Gang Activity" Updated: 3/24/2021
Evidence
Sufficiency of the Evidence--Conspiracy to Commit Murder for the Benefit of a Gang Updated: 12/9/2020
Evidence
Did Victim's Voluntary Ingestion of Fentanyl Support Enhancement for Personal Infliction of Great Bodily Injury Updated: 3/18/2020
Evidence
Discovery Updated: 10/22/2012
Extraordinary Remedies
Writ of Mandate--Invalid Conviction Under PC 186.22, subd. (a) Updated: 8/21/2019
Jury Trial
Whether Eye Witness Identification Instruction (CALCRIM No. 315) Violates Defendant's Due Process Rights Updated: 3/10/2021
Jury Trial
Drug Overdose as Implicit Waiver of Right to be Present at Trial / No Continuance for Defendant to Testify Updated: 6/17/2020
Jury Trial
Batson/Wheeler--Discovery of Prosecutor's Jury Selection Notes Updated: 7/24/2019
Juvenile Delinquency
Constitutionality of SB 1391 (Prophibiting Transfer of 14 or 15 Years Olds to Adult Criminal Court) Updated: 7/22/2020
Juvenile Delinquency
Temporary Restraining With No Notice to Minor Updated: 6/17/2020
Motions
PC 1473.7 Motion--Prejudice From Trial Counsel's Failure to Properly Advise on Immigration Consequences Updated: 3/24/2021
Pleadings
Trial Court Permission to Consolidate Pleadings Updated: 1/30/2019
Pleas
Retroactive Application of SB 136 and Plea Agreements Updated: 2/24/2021
Pretrial Motions
Bail Conditions on Felony Defendants Updated: 4/25/2018
Probation & Parole
Probation--Finality for Purposes of Applying a Later Ameliorative Change in the Law Updated: 2/24/2021
Probation & Parole
Prop. 57--CDCR Excluding Sex Offenders From Early Parole Consideration Updated: 12/9/2020
Probation & Parole
Prop. 57 Parole for Prisoner Serving a Sentence for a Combination of Violent and Nonviolent Felonies Updated: 11/18/2020
Probation & Parole
Youth Offender Parole--Constitutionality of Excluding Young Adults Sentenced Under One Strike law Updated: 7/22/2020
Probation & Parole
Eligibility for Youthful Offender Parole Hearing Updated: 6/24/2020
Probation & Parole
Standard for Reviewing Condition of Release on Mandatory Supervision Updated: 4/29/2020
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: 10/14/2020
Sentencing
SB 1437--Felony-Murder Special Circumstance Finding Precluding Eligibility for Relief Updated: 3/24/2021
Sentencing
Imposing Lesser Firearm Enhancements That Were Not Charged or Submitted to Jury Updated: 3/24/2021
Sentencing
SB 1437--Record of Conviction When Considering Prima Facie Showing of Eligibility and Timing of Right to Appointed Counsel Updated: 3/24/2021
Sentencing
Three Strikes Sentencing When There Are Multiple Current Violent or Serious Felony Convictions Updated: 3/10/2021
Sentencing
SB 1437--Prosecution's Burden of Proof to Show Petitioner's Ineligibility for Resentencing Updated: 3/10/2021
Sentencing
Does Resentencing Pursuant to PC 1170, subd. (d)(1) "Reopen" Finality of Sentence for Retroactive Application of Prop. 57 and SB 1391 Updated: 1/27/2021
Sentencing
Does Gallardo (Limiting Judicial Fact-Finding for Prior Convictions) Apply Retroactively Updated: 12/23/2020
Sentencing
When a Final Judgment is Later Vacated, Altered, or Amended and a New Sentence Imposed, Can an Ameliorative Change in the Law be Applied? Updated: 10/14/2020
Sentencing
Alternate Penalty Provision of Criminal Street Gang Penalty Statute (Pen. Code, 186.22, subd. (b)(4)(B)) for Conspiracy Conviction Updated: 7/15/2020
Sentencing
Fines, Fees, Assessments and Considering Defendant's Ability to Pay Updated: 6/17/2020
Sentencing
One Strike Law Pleading and Sentencing Updated: 2/24/2020

 

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