Tomorrow morning, the Supreme Court will file its opinions in the consolidated cases of People v. Garcia and People v. Valencia and in People v. Battle, the last undecided matters argued on the April calendar. (Briefs here; oral argument video here and here.)
After Monday, there will be 19 cases left in the summer pipeline.
In July 2020, the court un-held Garcia and Valencia and ordered the parties to brief: “Does gang expert testimony regarding uncharged predicate offenses to establish a ‘pattern of criminal gang activity’ under Penal Code section 186.22, subdivision (e) constitute background information or case-specific evidence within the meaning of People v. Sanchez (2016) 63 Cal.4th 665? Was any error prejudicial?” The cases had been waiting for the court’s February 2020 decision in People v. Perez, which held the defendant had not waived raising a Sanchez issue (see here).
Battle is an automatic direct appeal from a September 2003 judgment of death. The court’s website does not list issues for death penalty appeals. Counsel was appointed in December 2007. Briefing was completed in December 2015.
The opinions can be viewed tomorrow starting at 10:00 a.m.