Tomorrow morning, the Supreme Court will file its opinion in People v. Frahs, which was argued in April. (Briefs here; oral argument video here.) Frahs will be the first opinion in a case argued remotely because of the COVID-19 pandemic. It’s also the first opinion in a case in the court’s summer pipeline.
In Frahs, the court limited the issues to: (1) Does Penal Code section 1001.36 apply retroactively to all cases in which the judgment is not yet final? (2) Did the Court of Appeal err by remanding for a determination of defendant’s eligibility under Penal Code section 1001.36? Section 1001.36 allows pretrial diversion for certain mentally disordered defendants. The court granted review on its own motion — and with a pro tem justice casting a deciding vote — in December 2018.
The opinion can be viewed tomorrow starting at 10:00 a.m.