At the Supreme Court’s Wednesday conference this week, Justice Carol Corrigan twice disagreed with the court’s use of its (de)publication powers. In People v. Allen, the Supreme Court depublished the Court of Appeal’s opinion that rejected a defendant’s Batson/Wheeler challenge (a Supreme Court hot button issue), but Justice Corrigan recorded a vote to keep the opinion on the books. Conversely, in In re Elias, the court denied requests to depublish an opinion that found a Miranda violation, but Justice Corrigan recorded a vote to depublish. (Justices do not always have their dissenting votes at conference publicly recorded.)
As noted, the Supreme Court also on Wednesday depublished an opinion in a civil case. There was no recorded vote on that order, nor on three other cases in which the court denied depublication requests.