October 15, 2010
The Supreme Court announced that it will file two opinions on Monday at 10:00 a.m. The opinions will be posted on the court’s website. And when they say 10:00 a.m., they mean it; you can set your watch by the posting.
Both cases were argued on September 7, so the court still had plenty of time before its 90-day-from-argument deadline.
In Kling v. Superior Court, the court will decide “(1) What role does the prosecution have in an in camera hearing to determine whether to disclose third party documents to the defense? (2) Is the prosecution entitled to information at that time about the documents subpoenaed and from whom they were subpoenaed, or is such disclosure required (see Pen. Code, § 1054.3) only once the defense decides to use the documents at trial?”
In Lopez v. Superior Court, the court will decide “Can a person committed as a mentally disordered offender challenge that determination at the time of a petition to extend the commitment or can the question be litigated only at the time of the original certification?”