In addition to approving the last of Governor Gavin Newsom’s pending clemency recommendation requests, the Supreme Court’s actions of note at its Wednesday conference included:

  • The court granted review in In re Milton.  A little over a year ago, the court in People v. Gallardo (2017) 4 Cal.5th 120 restricted the fact finding a trial court may do in determining the nature of a criminal defendant’s prior conviction for sentence enhancement purposes.  In Milton, the Second District, Division Seven, Court of Appeal’s published opinion held Gallardo is not retroactive and denied habeas corpus relief to a defendant whose prior convictions were considered “strikes” under the three-strikes law after the superior court said it saw ” ‘nothing wrong with going . . . beyond the court record . . . to determine what really happened’ ” in prior prosecutions.  The Supreme Court initially denied Milton’s pro per habeas corpus petition “without prejudice to any relief to which petitioner might be entitled after this court decides People v. Gallardo.”  It later issued an order to show cause on his subsequent pro per habeas petition, and it directed the Court of Appeal to examine “why Gallardo should not apply retroactively on habeas corpus to final judgments of conviction.”
  • There were 13 criminal case grant-and-holds:  one holding for a decision in People v. Moses (see here), one more for O.G. v. Superior Court (see here), four more for People v. Lopez (see here), one more for People v. Kopp (see here), four more for People v. Frahs (see here), one more for People v. Lemcke (originally People v. Rudd) (see here), and one more for People v. Stamps (see here).

[March 13 update:  The court’s weekly case summary notes that, two weeks ago, a divided Fourth District, Division Two, came to the opposite conclusion of the Milton Court of Appeal.  Its published opinion in In re Brown held Gallardo is retroactive.  If the Attorney General petitions for review in Brown (due April 6), the court is likely to at least grant-and-hold.]