The Supreme Court has announced its late-May calendar.  As with the early-May calendar, which will be held this Tuesday and Wednesday, the late-May calendar features a dozen cases.  This is the busiest time of year for arguments — the June calendar (yet to be announced) will be held the week after the late-May arguments.  The heavy dose of arguments precedes the court’s argument-free months of July and August.

The late-May calendar is notable because only two of the 12 cases are civil matters and seven of the 10 criminal cases are automatic death penalty appeals.  Also, because of the vacancy on the court, another dozen Court of Appeal justices — some still to be named — will be sitting as pro tems.

On May 28 and 29, in San Francisco, the court will hear the following cases (with the issue(s) presented as stated on the court’s website):

Tuolumne Jobs & Small Business Alliance v. Superior Court:  (1) Must a city comply with the California Environmental Quality Act [CEQA] (Pub. Resources Code, § 21000 et seq.) before adopting an ordinance enacting a voter-sponsored initiative pursuant to Elections Code section 9214, subdivision (a)? (2) Is the adoption of an ordinance enacting a voter-sponsored initiative under Elections Code section 9214, subdivision (a), a “ministerial project” exempt from CEQA pursuant to Public Resources Code section 21080, subdivision (b)(1)?  (With a pro tem to be named later.)

People ex rel. Harris v. Pac Anchor Transportation, Inc.:  Is an action under the Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq.) that is based on a trucking company’s alleged violation of state labor and insurance laws “related to the price, route, or service” of the company and, therefore, preempted by the Federal Aviation Administration Authorization Act of 1994 (49 U.S.C. § 14501)?  (Fourth District, Division Three Justice Richard Aronson is the pro tem.)

People v. Tom:  Did the admission of defendant’s post-arrest, pre-Miranda silence as substantive evidence of guilt violate his Fifth Amendment rights?  Last October, the court asked for supplemental briefing on how, if at all, the instant matter is affected by the United States Supreme Court decision in Salinas v. Texas (2013) ___ U.S. ___ [133 S.Ct. 2174].  (Fourth District, Division Three Justice William Rylaarsdam is the pro tem.)

People v. Weatherton:  [This is an automatic appeal from an April 2002 judgment of death.  The court’s website does not list issues for such appeals.]  (First District, Division Four Presiding Justice Ignazio Ruvolo is the pro tem.)

People v. Grimes:  [This is an automatic appeal from a January 1999 judgment of death.  The court’s website does not list issues for such appeals.]  (Second District, Division Seven Justice Laurie Zelon is the pro tem.)

People v. Bryant, Smith, and Wheeler:  [This is an automatic appeal from an October 1995 judgment of death.  The court’s website does not list issues for such appeals.]  (With a pro tem to be named later.)

People v. Eid:  Can a defendant be convicted of two separate, uncharged, lesser included offenses of a single charged offense if the lesser offenses are not included in each other?  (With a pro tem to be named later.)

People v. Shazier:  Did the Court of Appeal correctly reverse the order of commitment in this case for prejudicial prosecutorial misconduct at a third commitment trial under the Sexually Violent Predator Act (Welf. & Inst. Code, § 6600 et seq.)?  (With a pro tem to be named later.)

People v. Lucas:  [This is an automatic appeal from a September 1989 (!) judgment of death.  The court’s website does not list issues for such appeals.]  (Fourth District, Division Three Justice David Thompson is the pro tem.)

People v. Carrasco:  [This is an automatic appeal from a February 1999 judgment of death.  The court’s website does not list issues for such appeals.]  (With a pro tem to be named later.)

People v. Merriman:  [This is an automatic appeal from a May 2001 judgment of death.  The court’s website does not list issues for such appeals.]  (First District, Division Five Justice Mark Simons is the pro tem.)

People v. McCurdy:  [This is an automatic appeal from an April 1997 judgment of death.  The court’s website does not list issues for such appeals.]  (Fourth District, Division Two Presiding Justice Manuel Ramirez is the pro tem.)

[May 7 update:  the pro tems to be named later have now been named:

Tuolumne Jobs & Small Business Alliance v. Superior Court — Third District Court of Appeal Justice Cole Blease.

People v. Bryant, Smith, and Wheeler — First District, Division Five Justice Terence Bruiniers.

People v. Eid — Fourth District, Division One Justice Patricia Benke.

People v. Shazier — Second District, Division Eight Presiding Justice Tricia Bigelow.

People v. Carrasco — First District, Division One Justice Kathleen Banke.]