At yesterday’s conference, Justice Mariano-Florentino Cuéllar’s last before his retirement from the court this weekend, the Supreme Court straight-granted review for the first time since September 15.  Actions of note included:

  • After allowing the filing of a petition for review that was 10 days late (related:  here), the court agreed to hear In re F.M.  The Sixth District Court of Appeal excused a juvenile court’s failure to comply with the Welfare and Institutions Code section 702 requirement to “declare [whether a minor’s] offense [is] a misdemeanor or felony,” because, according to the appellate court’s unpublished opinion, “the juvenile court was both aware of and exercised its discretion to treat the sustained allegations as felonies.”
  • The court also granted review — on a pro per’s petition — in People v. Reyes, yet another case involving the Legislature’s actions in Senate Bill No. 1437 to limit criminal liability for felony murder or murder under the natural-and-probable-consequences doctrine.  The Fourth District, Division Three, in an unpublished opinion, affirmed the denial of a resentencing petition by a defendant who, despite not having shot the victim, was convicted of second degree murder.  The appellate court found there was substantial evidence to support the superior court’s conclusion that the prosecution proved a valid theory of murder beyond a reasonable doubt.
  • Speaking of limiting murder liability under SB 1437, the court granted review in People v. King and transferred the case back to the Second District, Division Five, which had held in an unpublished opinion that the legislation does not allow for resentencing of a defendant convicted of manslaughter.  The Supreme Court directed reconsideration in light of Senate Bill No. 775 (Stats. 2021, ch. 551) (see also here)  and People v. Lewis (2021) 11 Cal.5th 952 (see here).  The new legislation expands the category of defendants who are covered by statutory resentencing provisions.
  • The court directed supplemental briefing in People v. Hernandez (see here) “on the significance, if any, of Senate Bill No. 483 (Stats. 2021, ch. 728)” (link added) to the case.
  • The court had granted review in People v. Arnold in July, but has now sent the case back to the Court of Appeal for reconsideration in light of Assembly Bill No. 1540 (Stats. 2021, ch. 719).  The court also made the same transfer order for a case that had been a grant-and-hold for Arnold.
  • The court denied review in People v. Aguirre over the recorded dissenting votes of Justices Cuéllar and Joshua Groban.  In a divided unpublished opinion, the Third District addressed a number of different issues, but the dissent disagreed only with the majority’s failure to remand the case for the possible discretionary striking of one defendant’s sentence enhancements.
  • Justice Cuéllar dissented from the denial of review in Ayala v. Superior Court.  The court had previously directed the First District, Division Three, to address the merits of a writ petition the appellate court had summarily denied.  In a published opinion, the appellate court again denied the petition, concluding the defendant could be charged with making a criminal threat against a person even though the threatened bodily harm was to only “a member of that person’s immediate family.”
  • Justice Goodwin Liu dissented from the denial of review in Jeffrey P. v. Superior Court.  The Second District, Division Six, had summarily denied a writ petition and Justice Liu’s vote is unexplained, so the reason for the vote is unclear.  However, there was a dissent in the appellate court, the justice there asserting the matter should have been remanded to the juvenile court “for a hearing on petitioner’s motion to exclude and, following that ruling, a determination of whether a new transfer hearing is necessary.”
  • There were nine criminal case grant-and-holds:  three more holding for a decision in People v. Strong (see here), two more holding for People v. Delgadillo (see here), two more holding for People v. Duke (see here), one more holding for People v. Espinoza (see here), and one more holding for People v. Aguayo (see here and here).
  • The court took action in 29 Lewis grant-and-holds following its July decision in People v. Lewis (2021) 11 Cal.5th 952.  17 cases were kept on hold for different cases, nine for People v. Strong (see here) and eight for People v. Delgadillo (see here), and review was dismissed in a dozen cases.  By our count, there are 251 Lewis grant-and-holds still pending.