September 11, 2013

October, Day 2, calendar announced

The Supreme Court this afternoon announced the cases it will hear on the second day of its October oral argument calendar.  On the first day, the court will hear 3 arguments at the University of California Berkeley Law School.

On October 10, at its courtroom in San Fransciso, the court will hear the following cases (with the issue(s) presented as stated on the court’s website):

Los Angeles Unified School District v. Garcia:  The question from the Ninth Circuit is:  Does Education Code section 56041 — which provides generally that for qualifying children ages 18 to 22, the school district where the child’s parent resides is responsible for providing special education services — apply to children who are incarcerated in county jails?  In Berkeley on October 9, the court will answer another Ninth Circuit question.

People v. Palmer:  (1) Is a claim that the trial court failed to establish a factual basis for defendant’s plea within the meaning of Penal Code section 1192.5 not cognizable
on appeal where defense counsel stipulated to a factual basis for the plea?  (2) If the claim is cognizable, did defense counsel’s bare stipulation to a factual basis without reference to any document describing the facts sufficiently establish a factual basis?

People v. Vangelder:  Did the trial court prejudicially err in refusing to allow expert testimony about the accuracy of the breath-testing devices used in this case?

People v. Shockley:  Is battery a lesser included offense of committing a lewd act with a child under 14 years of age?

Shockley wins the award for oldest non-death-penalty case on the October calendar.  The court granted review in March 2011 and the case has been fully briefed for two years.

People v. Williams:   [This is an automatic direct appeal from an August 2003 judgment of death.  The court’s website does not list issues for such appeals.]

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