March 17, 2017
In Merritt, the issue is: Is the failure to instruct the jury on the elements of a charged offense reversible per se or subject to harmless error review? (See Neder v. United States (1999) 527 U.S. 1; People v. Mil (2012) 53 Cal.4th 400; People v. Cummings (1993) 4 Cal.4th 1233.)
Garcia raises the issue whether the conditions of probation mandated by Penal Code section 1203.067, subdivision (b), for persons convicted of specified felony sex offenses – including waiver of the privilege against self-incrimination, required participation in polygraph examinations, and waiver of the psychotherapist-patient privilege – are constitutional.
Brooks is an automatic direct appeal from a July 2001 judgment of death.
The three opinions can be viewed Monday starting at 10:00 a.m.