At its Wednesday conference, in addition to denying a petition for review by anti-abortion activists, the Supreme Court actions of note included:
- The court granted review in In re Gadlin, where the Second District, Division Five, Court of Appeal’s published opinion struck down regulations enacted by the California Department of Corrections and Rehabilitation to implement Proposition 57, a 2016 initiative sponsored by then-Governor Jerry Brown. The appellate court found that the regulations improperly exclude the petitioning prisoner from relief provided by the part of the ballot measure that amended the state constitution to state, “Any person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term for his or her primary offense.”
- The court granted-and-held in Sealutions, LLC v. Schwab, deferring action until a decision in K.J. v. Los Angeles Unified Sch. Dist., which raises the issue whether the Court of Appeal lacks jurisdiction over an appeal from an order imposing sanctions on an attorney if the notice of appeal is brought in the name of the client rather than in the name of the attorney. In Sealutions, the Second District, Division Three, ruled that an attorney who had not filed his own notice of appeal from a sanctions order against both him and his client was not a party to his client’s appeal. Briefing in K.J. was completed in September 2017.
- In In re Devon, a habeas corpus proceeding initiated by a pro per prisoner, the court issued an order to show cause, returnable in the superior court, why the refusal to grant petitioner’s request for lumbar decompression surgery does not violate the Eighth Amendment of the United States Constitution, and article I, section 17 of the California Constitution.
- There were two criminal case grant-and-holds.