The Supreme Court today announced its September calendar. It will be the first in over 24 years without Justice Ming Chin, who is retiring in 18 days.
Because Governor Gavin Newsom has yet to name Justice Chin’s replacement (see here), even though he probably could do so before Chin leaves the court (see here), Chief Justice Tani Cantil-Sakauye will likely soon be naming Court of Appeal justices to temporarily fill the vacancy (the pro tems are generally assigned alphabetically).
Questions arise about the legitimacy of 4-3 opinions with a pro tem in the majority. An unfilled vacancy thus hampers the court because it delays scheduling argument in cases where the six permanent justices are tentatively evenly divided. That might be the reason the September calendar is light, with only four arguments on tap.
As with all arguments since April, the September calendar will be remote and held only in San Francisco.
On September 2, in San Francisco, the court will hear the following cases (with the issue presented as summarized by court staff or stated by the court itself):
People v. Long: (1) Did defense counsel render ineffective assistance by failing to consult a qualified expert on determining time of death and failing to present evidence regarding defendant’s clothing around the time of the crime? (2) Did the decision of the Court of Appeal adhere to the controlling standards of appellate review? The appellate court reversed habeas corpus relief for a defendant convicted of second degree murder. The Supreme Court granted review in August 2018.
People v. Schultz: This is an automatic direct appeal from a March 2003 judgment of death. The court’s website does not list issues for such cases. Counsel was appointed in August 2008. Briefing was completed in July 2014.
People v. Flinner: This is an automatic direct appeal from a March 2004 judgment of death. The court’s website does not list issues for such cases. Counsel was appointed in June 2009. Briefing was completed in July 2014.
People v. Turner: This is an automatic direct appeal from a July 2007 judgment of death. The court’s website does not list issues for such cases. Counsel was appointed in October 2011. Initial briefing was completed in November 2016.