January 18, 2017

Opinions filing tomorrow concerning new trial motion procedure, multiple rape punishments

Tomorrow morning, the Supreme Court will file its opinions in Kabran v. Sharp Memorial Hospital and People v. White, which were both argued on the November calendar.

In Kabran, the court will decide whether the time constraints in Code of Civil Procedure section 659a, which governs the filing of papers supporting a new trial motion, are jurisdictional such that a court cannot consider late-filed documents.

White raises the issue whether the defendant in the case was properly convicted of both rape of an intoxicated person and rape of an unconscious person for a single act of sexual intercourse.

The opinion can be viewed tomorrow starting at 10:00 a.m.

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