The Supreme Court today announced its November calendar. As in September and October, the court will be one short of seven permanent justices, so the court will be using Court of Appeal justices — assigned on a mostly alphabetical basis — to fill the vacancy created by Justice Ming Chin’s retirement. The vacancy should be filled the week after the arguments when Martin Jenkins’s appointment to the court will most probably be confirmed.
Three of the five November cases are automatic death penalty appeals that go directly to the Supreme Court. The lone civil case will decide the retroactivity of one of the court’s most high-profile recent decisions.
As with all arguments since April and for the foreseeable future, the November calendar will be remote and held in San Francisco (see here, here, and here).
The pro tem justices will be assigned later.
On November 3, 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):
Vazquez v. Jan-Pro Franchising International, Inc.: At the Ninth Circuit’s request, the court will answer: “Does the Court’s decision in Dynamex Operations West Inc. v. Superior Court, 416 P.3d 1 (Cal. 2018), apply retroactively?” (Link added.) In November 2019, the court agreed to answer the Ninth Circuit’s question. [Disclosure: Horvitz & Levy filed amicus curiae briefs (here, here, and here) in Dynamex and has also filed an amicus brief in Vazquez.]
In re Palmer: The court limited the issues to: “(1) Did this life prisoner’s continued confinement become constitutionally disproportionate under article I, section 17 of the California Constitution and/or the Eighth Amendment of the United States Constitution? (2) If this life prisoner’s continued confinement became constitutionally disproportionate, what is the proper remedy?” The court granted review — on its own motion — in August 2019.
People v. Johnsen: This is an automatic direct appeal from a June 1994 judgment of death. The court’s website does not list issues for such cases. Counsel was appointed in July 1998; new counsel was appointed in October 2006 and original counsel was ordered to reimburse the court over $50,000. Briefing was completed in March 2018.
People v. Ramirez: This is an automatic direct appeal from an August 2007 judgment of death. The court’s website does not list issues for such cases. Counsel was appointed in November 2010. Briefing was completed in July 2017.
People v. Baker: This is an automatic direct appeal from a January 2009 judgment of death. The court’s website does not list issues for such cases. Counsel was appointed in March 2012. Initial briefing was completed in August 2015. In May of this year, the court asked for supplemental briefing on a Sanchez issue (see here), which also involves the court’s February decision in People v. Perez.