These will be the third and fourth of seven opinions for cases argued on the late-May calendar. Two 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. Additionally, there are eight opinions for June calendar cases that are due to file by September 1.
The issue in Zolly is whether city franchise fees that are subject to California Constitution, article XIII C, must be reasonably related to the value of the franchise. The court granted review in August 2020. In March, the court directed supplemental briefing on these questions: “(1) Does Cal. Const., art. XIII C, § 1, subdivision (e)(4) apply to the fees paid under the waste management contracts at issue in this case, and if so, why? (2) Are any other exemptions within article XIII C applicable to these fees?” Horvitz & Levy filed an amicus curiae brief in the case.
Morelos is an automatic direct appeal from a February 1996 judgment of death. Unlike for other types of cases, the court’s website does not list issues for death penalty appeals. Counsel was appointed in November 2001. Initial briefing was completed in September 2015.
The opinions can be viewed tomorrow starting at 10:00 a.m.