Tomorrow morning, the Supreme Court will file its opinion in Doe v. Superior Court (Mountain View School District). (Briefs here; oral argument video here.)
This will be the second opinion in the six cases on the late-May calendar. Decisions in the other four cases are expected by August 21. There are still two opinions outstanding in the nine cases argued in early-May. One of the two — Boermeester v. Carry — should be decided by August 7. Because of post-argument briefing, the opinion in the other case — People v. Martinez — isn’t due until August 28.
The issues in Doe are: (1) Is evidence that a plaintiff in a civil action suffered a prior sexual assault admissible for impeachment purposes (Evid. Code, § 783) or inadmissible as a claim that the plaintiff did not suffer injury (Evid. Code, § 1106, subd. (a))? (2) If admissible, what procedures and quantum of proof are required to admit such evidence? The court granted review in February 2022.
The opinion can be viewed tomorrow starting at 10:00 a.m.