It was mostly a docket clearing Wednesday conference this week. There were no straight grants of review. Actions of note included:
- The Supreme Court dismissed an employment case referred by the Ninth Circuit.
- At the Governor’s request, the court recommended a pardon that could prevent a deportation.
- The court transferred to the Court of Appeal, or dismissed review in, eight former criminal case grant-and-holds. Most had been on hold for People v. Canizales (2019) 7 Cal.5th 591, where the court in June put strict limits on when a defendant can be convicted of attempted murder of someone who was not a primary target.
- There were two criminal case grant-and-holds and two criminal case grant-and-transfers. One of the grant-and-transfers is Canizales-related (see above).
- The court issued an order to show cause, returnable in the superior court, in an eight-year-old capital habeas corpus case. The order to show cause relates only to a claim of ineffective assistance of counsel during the penalty phase; the court denied all other claims. Instead of transferring the entire matter to the superior court under Proposition 66, the Supreme Court exercised its authority to retain the petition and decide it.
- The court issued orders to show cause, but in the Court of Appeal, in two habeas corpus cases concerning the applicability and retroactivity of People v. Gallardo (2017) 4 Cal.5th 120, where the court restricted the fact finding a trial court may do in determining the nature of a criminal defendant’s prior conviction.