In the case, there was an unusual acrimonious and public split between the defendant’s appellate counsel and amici who are supporting the defendant, including the State Public Defender.
This will be the second of seven opinions for cases argued on the late-May calendar. Four of the other opinions will likely file by August 22 and one, in a death penalty appeal with post-argument briefing, should file by September 12.
Strong is expected to decide whether a felony-murder special circumstance finding (Pen. Code, § 190.2, subd. (a)(17)) made before People v. Banks (2015) 61 Cal.4th 788 and People v. Clark (2016) 63 Cal.4th 522 precludes a defendant from making a prima facie showing of eligibility for resentencing relief under Penal Code section 1170.95. The court granted review in March 2021.
The opinion should be a consequential one if for no other reason than that there are many dozens of grant-and-holds waiting for the decision.
The opinion can be viewed Monday starting at 10:00 a.m.