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what's up in the california supreme court?

This article is now current through May 1, 2022
We will be updating it soon – usually every 1-2 weeks.

ALERT: Due to a hopefully temporary issue with our website, we have been unable to add new lead cases to our High Court article (we have, however, been able to update existing case entries with additional grant-and-hold cases). For a list of lead cases where the court has granted review after 12/15/2021, see CCAP's list here (link to PDF).

Meanwhile, be sure to check the California Supreme Court Docket by visiting its official web page. The Court has also made available both Published and Unpublished Opinions granted review (external links).

 

Cases/Issues Currently Pending:

The cases pending are grouped by topical category and subcategory, using the same topics utilized in The Search page . Their use here extends the single platform approach in that it allows the user to cross-reference briefs, recently decided cases included in the case summaries, victories, and cases currently on review in the California Supreme Court.

HOW TO SEARCH FOR CASES BY NAME: Use the Show All button below, then use your browser's "Find" feature. For example, for Firefox® and Internet Explorer®, you can use "Control-F" to pop up the "Find" box.

 

Appeals
Procedures When Appointed Counsel Determines that an Appeal from an Order Denying Postconviction Relief Lacks Arguable Merit Updated: 4/20/2022
Appeals
Mistake of Fact Instructional Error and Prejudice Standard Updated: 12/29/2021
Appeals
True Finding on Gang-Killing Special Circumstance and Chiu Error / Harmless Error Review Updated: 12/22/2021
Civil Commitments
Conservatorship--Right Not to Testify Updated: 6/24/2020
Crimes
Did Trial Court Err by Providing Kill Zone Instruction / Did COA Apply Proper Standard of Review Under People v. Canizales Updated: 4/27/2022
Crimes
Whether Assault by Means of Force Likely to Produce Great Bodily Injury a Lesser Included Offense of Assault with a Deadly Weapon Updated: 2/23/2022
Crimes
SB 1437 Resentencing--Does Substantial Evidence Support Findings that Petitioner Acted with Implied Malice, or that Actions Constituted Murder or Aided and Abetted Murder Updated: 10/27/2021
Crimes
First Degree Murder--Substantial Concurrent Causation Theory (Sanchez) and Impact of Chiu and SB 1437 Updated: 10/13/2021
Crimes
Murder--Instruction on Elements of First Degree Murder By Poison Updated: 11/13/2019
Delinquency
Adequate Exercise of Discretion Under In re Manzy W.? Updated: 10/27/2021
Delinquency
Court Delegating Authority to Allow Probation Department to Offer Minor Community Service Hours to Work Off Alleged Probation Violations Updated: 6/30/2021
Dependency (300)
Whether Appeal of Jurisdictional Finding is Moot When Jurisdiction Had Been Terminated in the Interim, Even though Parents Might Be Registered on the Child Abuse Central Index Updated: 4/27/2022
Dependency (300)
Whether it is Structural Error for a Juvenile Court to Proceed With Jurisdiction and Disposition Hearings Without an Incarcerated Parent's Presence Updated: 2/17/2021
Evidence
Sufficiency Evidence Gang Enhancements Updated: 10/20/2021
Evidence
Sufficiency of the Evidence--Conspiracy to Commit Murder for the Benefit of a Gang Updated: 12/9/2020
Extraordinary Remedies
California Victim Compensation Board Claims and Actual Innocence Finding by Federal Court Updated: 8/25/2021
Habeas Corpus
Did True Finding on PC 12022.53, subd. (d) Enhancement Render People v. Chun (2009) 45 Cal.4th 1172 Error Harmless Beyond a Reasonable Doubt Updated: 4/28/2021
Habeas Corpus
When Does AG Have Duty to Disclose Brady Material During Habeas Proceedings Updated: 4/28/2021
Jury Trial
Drug Overdose as Implicit Waiver of Right to be Present at Trial / No Continuance for Defendant to Testify Updated: 3/30/2022
Jury Trial
Batson/Wheeler--Discovery of Prosecutor's Jury Selection Notes Updated: 7/24/2019
Motions
Demonstrating Prejudice for PC 1473.7 Motion Updated: 4/13/2022
Pleadings
Trial Court Permission to Consolidate Pleadings Updated: 1/30/2019
Probation & Parole
Youth Offender Parole--Constitutionality of Excluding Young Adults Sentenced Under One Strike law Updated: 3/30/2022
Probation & Parole
Retroactivity of AB 1950 and Remand Procedure Updated: 3/30/2022
Probation & Parole
Required Findings and Balancing Test for Admitting Hearsay at Probation/Parole Revocation Hearings Updated: 7/14/2021
Search and Seizure
Whether Defendant Was Detained When Officer Shone a Spotlight on Defendant's Parked Car and Ordered Passenger to Stay Near Car Updated: 9/1/2021
Search and Seizure
Illegal Detention--Does Discovery of a Parole or Probation Search Condition Remove Taint Under the Attenuation Doctrine Updated: 6/30/2021
Sentencing
SB 1437--Felony-Murder Special Circumstance Finding Precluding Eligibility for Relief Updated: 4/27/2022
Sentencing
When a Final Judgment is Later Vacated, Altered, or Amended and a New Sentence Imposed, Can an Ameliorative Change in the Law be Applied? Updated: 4/20/2022
Sentencing
One Strike Law Pleading and Sentencing Updated: 3/9/2022
Sentencing
Mental Health Diversion--Latest Point to Request Updated: 3/9/2022
Sentencing
Three Strikes Sentencing When There Are Multiple Current Violent or Serious Felony Convictions Updated: 9/22/2021
Sentencing
Does Gallardo (Limiting Judicial Fact-Finding for Prior Convictions) Apply Retroactively Updated: 12/23/2020
Sentencing
Fines, Fees, Assessments and Considering Defendant's Ability to Pay Updated: 6/17/2020

 

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