At its weekly Wednesday conference, the Supreme Court was more negative than usual, denying a higher-than-average number of petitions for review or for habeas corpus. Here are some of the non-negative actions:
- In the one straight grant of review this week, the court took a case that might lead to the overruling of the court’s decision in People v. Martinez (1999) 20 Cal.4th 225, which held that attempted kidnapping is a lesser included offense of kidnapping. The defendant in the case now pending review — People v. Fontenot — argued in the Court of Appeal that the Supreme Court effectively (but not expressly) overruled Martinez in a 2012 decision. However, although recognizing that “[t]he Court’s rationale in [the 2012 case] appears to undermine its conclusion in Martinez” and “respectfully suggest[ing] the Supreme Court provide further guidance with regard to the issues surrounding attempted kidnapping,” the Second District, Division Seven, Court of Appeal held in an unpublished opinion, “Unless and until the [Supreme] Court reverses Martinez, we are bound by that holding.” That reversal might be on the way.
- The court depublished the opinion in In re R.H., where the Second District, Division Six, dealt with parental rights issues under the Indian Child Welfare Act.
- The Second District, Division Seven, was directed to reconsider its earlier dismissal of a criminal appeal as having been taken from a nonappealable order.
- There were seven grant-and-hold orders in criminal cases.