May 10, 2017

Relatively small late-May calendar announced [UPDATED]

The Supreme Court today announced its late-May calendar.  Five cases will be argued, which is not out of the ordinary for most calendars, but is on the light side for late May.  The calendar was announced with the minimum 20 days’ notice.

Not on the calendar is Briggs v. Brown, the writ proceeding challenging Prop. 66.  It could still be argued on the June calendar, the week after the late-May calendar.

On May 30, in San Francisco, the court will hear the following cases (with the issue presented as stated on the court’s website):

California Cannabis Coalition v. City of Upland:  Is a proposed initiative measure that would impose a tax subject to the requirement of California Constitution, article XIII C, section 2 that taxes “imposed by local government” be placed on the ballot at a general election?

Rubenstein v. Doe No. 1:  For the purpose of the distinction between felony and misdemeanor forgery, is the value of an uncashed forged check the face value (or stated value) of the check or only the intrinsic value of the paper it is printed on?

F. P. v. Monier:  Is a trial court’s error in failing to issue a statement of decision upon a timely request reversible per se?

People v. Pennington:  Did the People prove that the named victim, a harbor patrol officer for the City of Santa Barbara Waterfront Department, is a peace officer within the meaning of Penal Code section 243, subdivision (b), supporting defendant’s conviction for battery on a peace officer?
This is not a sua sponte grant of review case, but it’s in the neighborhood.  The defendant filed a rule 8.508 petition for review, which is “an abbreviated petition . . . for the sole purpose of exhausting state remedies before presenting a claim for federal habeas corpus relief.”  Defendant’s counsel was looking to get his card stamped on the way to federal district court, but, probably much to his surprise, he will be arguing his case to the Supreme Court in less than three weeks.

People v. Jones:  This is an automatic direct appeal from a November 1998 judgment of death.  The court’s website does not list issues for such appeals.

[May 17 update:  The relatively light late-May calendar just got a bit lighter as the court today continued F. P. v. Monier to the September calendar.]

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