The Supreme Court today announced it would hear arguments in five cases at its next calendar, the first of two calendars in May. May is the only month with more than one oral argument session.
Like all calendars since April 2020, the early-May 2022 calendar will be remote and based in San Francisco. (See here, here, here, here, and here.) The arguments will be live streamed, as all arguments have been since May 2016.
On May 3, the court will hear the following cases (with the issue presented as summarized by court staff or limited by the court itself):
County of Butte v. Department of Water Resources: When the court granted review (for a second time) and depublished the Third District Court of Appeal’s opinion in December 2019, it limited the issues to: “1. To what extent does the Federal Power Act preempt application of the California Environmental Quality Act when the state is acting on its own behalf, and exercising its discretion, in deciding to pursue licensing for a hydroelectric dam project? 2. Does the Federal Power Act preempt state court challenges to an environmental impact report prepared under the California Environmental Quality Act to comply with the federal water quality certification under section 401 of the federal Clean Water Act?”
Siry Investment, L.P. v. Farkhondehpour: (1) May a party in default file a motion for new trial raising legal error, including the inapplicability of certain remedies under the allegations as pleaded? (2) May a trial court award treble damages and attorney fees under Penal Code section 496, subdivision (c), in a case involving the fraudulent diversion of business funds rather than trafficking in stolen goods? The court granted review in July 2020.
People v. Henson: When a defendant is held to answer following separate preliminary hearings on charges brought in separate complaints, can the People file a unitary information covering the charges in both those cases or must they obtain the trial court’s permission to consolidate the pleadings? (See Pen. Code, §§ 949, 954.) The court granted review over three years ago, in January 2019.
People v. Mataele: This is an automatic direct appeal from an October 2005 judgment of death. The court’s website does not list issues for death penalty appeals. Counsel was appointed in April 2009. Briefing was completed in July 2015.
People v. Ng: This is an automatic direct appeal from a June 1999 judgment of death. The court’s website does not list issues for death penalty appeals. Counsel was appointed in January 2005. Briefing was completed in September 2013. Chief Justice Tani Cantil-Sakauye is recused and First District, Division Four, Presiding Justice Stuart Pollak is sitting pro tem in her place.