At the Supreme Court’s last conference of the year, with only six justices participating because of Justice Mariano-Florentino Cuéllar’s retirement at the end of October, actions of note included:

  • Supreme Court will hear child immigrant’s case.
  • In In re Gates, a habeas corpus proceeding, the court granted review and directed issuance of an order to show cause in the superior court. The Fourth District, Division One, Court of Appeal had summarily denied the habeas petition, although its denial order stated detailed reasons, including that the petition — which raises ineffective counsel claims — was untimely and successive.
  • The court continued to dispose of a bunch of criminal grant-and-hold cases; 58 this time as opposed to 80 last week. Review was dismissed in six cases that had been grant-and-holds waiting for the July decision in People v. Lewis (2021) 11 Cal.5th 952; two others were transferred to Courts of Appeal for reconsideration in light of Lewis. By our count, there are 168 Lewis grant-and-holds still pending.  There had been 327 of them.  (See here.)  28 more cases that had been grant-and-holds for People v. Lopez — which was transferred last month to the Court of Appeal for reconsideration in light of new Senate Bill 775 (see here and here) — were themselves transferred for the same reason. The court dismissed review in 20 cases that were on hold for the August decision in People v. Raybon (2021) 11 Cal.5th 1056, and it transferred two other cases to Courts of Appeal for reconsideration in light of Raybon.
  • The court granted review and transferred three more cases back to the Courts of Appeal for reconsideration in light of new legislation:  one more for Assembly Bill 333 and two more for SB 775 (see here,  here, and above).
  • There were just two grant-and-holds, both in criminal cases: one more holding for a decision in People v. Strong (see here) and one more holding for People v. Hendrix (see here).