On Monday morning, the Supreme Court will file its opinion in People v. Curiel. (Briefs here; oral argument video here.)

This will be the last opinion in the three cases argued on the September calendar. Three cases were also argued in October and have opinions due by December 28.

Curiel is expected to answer whether a jury’s true finding on a gang-murder special circumstance (Pen. Code, § 190.2, subd. (a)(22)) precludes a defendant from making a prima facie showing of eligibility for resentencing under Penal Code section 1170.95. It is one of many cases that are or have been on the Supreme Court’s docket concerning Senate Bill No. 1437, 2018 legislation that allows resentencing of some defendants convicted of felony murder or murder under a natural-and-probable-consequences theory.  The court granted the Attorney General’s petition for review in Curiel in January 2022.

The opinion can be viewed Monday starting at 10:00 a.m.