At its Wednesday conference yesterday, the Supreme Court approved five more gubernatorial clemency recommendation requests, using its deferential standard of review. Acting more quickly than usual on two and finishing another that had been on the docket for longer than normal, the court seems intent on responding to all of Governor Jerry Brown’s requests before his term expires in two months. The recommendations are:
- Willie Erwin — to commute a 30-years-to-life three-strikes sentence for burglary. The Governor submitted this request just 5 weeks ago.
- Eric Lockhart — to commute a life-without-parole murder sentence. This request was submitted on August 14.
- Vonya Quarles: to pardon her for 3 sentence-served convictions for possession of a controlled substance. This is another request that was submitted just 5 weeks ago.
- David Smith — to commute a sentence of 25 years to life for each of 10 counts of grand theft of personal property over $400. This request was also submitted on August 14.
- Brandita Taliano — to commute a life-without-parole murder sentence. This is the one that took a while. The court received the recommendation request on May 10.
The court also depublished the opinion of the Second District, Division One, Court of Appeal in Post Foods, LLC v. Superior Court. Finding federal preemption, the appellate court there ordered summary judgment against a lawsuit claiming that certain breakfast cereals were required by Proposition 65 to display cancer and reproductive harm warnings because the cereals contain acrylamide.
Other conference actions of note included:
- After the Third District summarily denied a habeas corpus petition, the Supreme Court granted the pro per petition for review in In re Hampton and directed issuance of an order show cause why relief shouldn’t be granted for ineffective assistance of appellate counsel.
- The court made a grant-and-hold order in one criminal case, and it returned to the Court of Appeal one civil case and one criminal case that had been grant-and-holds.