At The Lectern by Horvitz & Levy

Two recorded votes, one grant-and-hold at Supreme Court’s conference

Yesterday’s was not among the most momentous of Supreme Court conferences.  The only case the court added to its docket is a criminal matter grant-and-hold.  (Here.)  The lead case — In re Ricardo P. — involves the propriety of an electronics search probation condition.  There are a bunch of Ricardo P. grant-and-holds.  (E.g., here.)

Other notable actions include:

  • There were two cases with recorded votes dissenting from denials of review.  In one — Small Property Owners of San Francisco Institute v. City and County of San Francisco — Justice Mariano-Florentino Cuéllar was the lone recorded vote to grant the petition for review.  In that case, the First District, Division Two, Court of Appeal, in a partially published opinion, held to be preempted by state law a San Francisco ordinance regulating tenant evictions when property owners exit the rental business.
  • Justice Leondra Kruger was the only recorded vote for review in the second case, People v. Kent.  There, the Third District, in a long unpublished opinion, mostly affirmed the convictions of a travel agent for grand theft of personal property, credit card fraud, forgery, and making a check with insufficient funds.  The opinion reports that the defendant “contended that she had no criminal intent and made mistakes due to overwhelming personal problems stemming  from physical health challenges and a divorce.”
  • The court cleared one civil and seven criminal grant-and-hold cases from its docket, transferring the civil case to the Court of Appeal for reconsideration and dismissing review in the criminal cases.  Interestingly, Justices Goodwin Liu and Cuéllar were recused on yesterday’s civil case transfer order even though they both voted to grant review two years ago and they were not recused in the lead case.