Tomorrow morning, the Supreme Court will file its opinion in People v. Superior Court (Mitchell). (Briefs here; oral argument video here.)
When the court granted review in Mitchell in November 2023, it limited the issues to: “(1) Does Penal Code section 1238 authorize an appeal by the People from a superior court’s post-preliminary hearing, prejudgment order reducing a felony ‘wobbler’ offense to a misdemeanor? (2) If not, may the People obtain review of the order by petition for extraordinary writ?” In January of this year, the court denied the People’s motion to dismiss review and also ordered briefing on these additional issues: “(1) In the absence of further order or other direction, when does a Court of Appeal’s temporary stay of superior court criminal proceedings against a defendant expire? (2) If the temporary stay issued by the Court of Appeal had not expired at the time of defendant’s guilty plea, what was the effect, if any, of the stay on the resolution of defendant’s criminal proceedings?” More about the case here.
This will be the first of four opinions in cases that were on the special October calendar in Fresno. Opinions in the other three cases should file by January 6, 2025. Other argued but undecided cases are the three that were argued in November (opinions due by February 3, except for the People v. Hin death penalty appeal, in which the opinion isn’t due until February 6 because of supplemental briefing completed soon after oral argument) and the four on the December calendar (opinions due by March 3, except for the death penalty appeal in People v. McGhee; the case won’t be submitted — starting the 90-day clock — until the filing of the defendant’s supplemental reply brief, which is now due on January 6, 2025).
The Mitchell opinion can be viewed tomorrow starting at 10:00 a.m.