July 24, 2013

Drug-possession, death penalty opinions filing tomorrow

Tomorrow morning, the Supreme Court will file two criminal law opinions.

In People v. Davis, the court will decide whether substantial evidence supported defendant’s convictions for possession and sale of a controlled substance even though MDMA/Ecstasy is not expressly listed as a controlled substance subject to Health and Safety Code sections 11377 and 11379, and the prosecution did not present expert testimony that MDMA/Ecstasy contains a controlled substance or is an analog of a controlled substance. Davis was argued on the court’s late-May calendar.

People v. Rogers, which was on the early-May calendar, is a direct automatic appeal from a July 1999 judgment of death.

The opinions can be viewed online tomorrow beginning at 10:00 a.m.

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