Appeals

Procedures When Appointed Counsel Determines that an Appeal from an Order Denying Postconviction Relief Lacks Arguable Merit

(1) What procedures must appointed counsel and the Courts of Appeal follow when counsel determines that an appeal from an order denying postconviction relief lacks arguable merit? (2) Are defendants entitled to notice of these procedures? Held: In People v. Wende (1979) 25 Cal.3d 436 [158 Cal. Rptr. 839, 600 P.2d 1071] (Wende), we held the Courts of Appeal must…

Case: People v. Delgadillo (2022) 14 Cal.5th 216
Case Number: S266305
Updated: 20230215
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True Finding on Gang-Killing Special Circumstance and Chiu Error / Harmless Error Review

(1) Does a true finding on a gang-killing special circumstance (Pen. Code, §190.2, subd. (a)(22)) render Chiu error (People v. Chiu (2014) 59 Cal.4th 155) harmless? (2) To what extent or in what manner, if any, may a reviewing court consider the evidence in favor of a legally valid theory in assessing whether it is clear beyond a reasonable doubt that the jury…

Case: In re Lopez (2023) 14 Cal.5th 562
Case Number: S258912
Updated: 20230403
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Prejudice Standard on Appeal for SB 567 Issue

What prejudice standard applies on appeal when determining whether a case should be remanded for resentencing in light of newly-enacted Senate Bill No. 567 (Stats. 2021, ch. 731)? Held: The CSC holds that Chapman standard of review applies in determining whether, in cases where the judgment is not yet final, remand is required for resentencing pursuant to SB 567, which…

Case: People v. Lynch (2024) 16 Cal.5th 730
Case Number: S274942/C094174
Updated: 20240801
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Mistake of Fact Instructional Error and Prejudice Standard

Did the Court of Appeal err in holding an instructional error on the defense of mistake of fact harmless? In the circumstances of this case, which standard of prejudice applies to an error in instructing on the defense of mistake of fact: that of People v. Watson (1956) 46 Cal.2d 818 or that of Chapman v. California (1967) 386 U.S. 18? Held: Early one…

Case: People v. Hendrix (2022) 13 Cal.5th 933
Case Number: S265668
Updated: 20220822
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Jury Instruction on Voluntary Manslaughter Based on Imperfect Self-Defense and Prejudice Standard

(1) Was the trial court's error in refusing to instruct the jury on voluntary manslaughter based on imperfect self-defense harmless? (2) What standard of prejudice applies to such an error? When a defendant presents substantial evidence of imperfect self-defense, the trial court’s failure to instruct on that theory precludes the jury from making a factual finding essential to prove the…

Case: People v. Schuller (2023) 15 Cal.5th 237
Case Number: S272237
Updated: 20230817
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Retroactive Application of AB 333 Where Defendant Appeals for Second Time After Limited Remand to Address Sentencing Issues

Is defendant entitled to retroactive application of Assembly Bill No. 333 (2021-2022 Reg. Sess.) where he appeals for a second time after his judgment was conditionally reversed and the Court of Appeal issued a limited remand to the trial court to address sentencing issues? The request for an order directing depublication of the opinion was denied. Held:  A criminal case…

Case: People v. Lopez (2025) 17 Cal.5th 388
Case Number: S281488/E080032
Updated: 20250123
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May the People Seek Review of a Superior Court’s Post-Preliminary Hearing, Prejudgment Order Reducing Felony “Wobbler” Offense to a Misdemeanor?

(1) Does Penal Code section 1238 authorize an appeal by the People from a superior court’s post-preliminary hearing, prejudgment order reducing a felony “wobbler” offense to a misdemeanor? (2) If not, may the People obtain review of the order by petition for extraordinary writ? On 12/5/2023, the People filed a motion to dismiss review. The Real Party in Interest (defendant…

Case: People v. Superior Court (Mitchell) (2024) 17 Cal.5th 228
Case Number: S281950/B326653
Updated: 20241212
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Does the prohibition on electronic recording of certain proceedings violate the CA Constitution when an official court reporter is unavailable?

This case presents the following issue: Does the prohibition on electronic recording of certain proceedings in Government Code section 69957, subdivision (a) violate the California Constitution when an official court reporter is unavailable and a litigant cannot afford to pay a private court reporter? Held: “[L]ike other mandatory statutes that 'do not themselves contain an exception for needy litigants,' courts…

Case: Family Violence Appellate Project v. Superior Court (2026) 20 Cal.5th __
Case Number: S288176
Updated: 20260810
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Speedy Trial – When the defendant is “imprisoned” so that they may demand trial within 90 days.

This case presents the following issues: (1) Has a defendant who has been sentenced to a prison term and is housed in a county jail pending transport to state prison “entered upon a term of imprisonment in a state prison,” so that they may demand a trial on other, pending charges within 90 days pursuant to Penal Code section 1381?…

Case: People v. Hyatt (2026) 20 Cal.5th 471
Case Number: S290426/G063126
Updated: 20260806
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Trial court’s jurisdiction to modify a death sentence under PC 1172.75.

(1) May a superior court modify a death judgment under the recall and resentencing procedure in Penal Code section 1172.75? (2) Did the Court of Appeal err in holding that the exclusivity provision of Penal Code section 1509 precludes modification of a death judgment under Penal Code section 1172.75? (3) Did the superior court have jurisdiction to resentence defendant pursuant…

Case: People v. Dixon (2025) 112 Cal.App.5th 236, review granted 10/22/25
Case Number: S292223/B335987
Updated: 20260715
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Constitutional exceptions to appeal waivers

1. Whether the only permissible exceptions to a general appeal waiver are for claims of ineffective assistance of counsel or that the sentence exceeds the statutory maximum. 2. Whether an appeal waiver applies when the sentencing judge advises the defendant that he has a right to appeal and the government does not object. Held: An appeal waiver is unenforceable when…

Case: Hunter v. United States (2026) 608 U.S. __ [146 S.Ct. 1702]
Case Number: 24-1063
Updated: 20260618
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Whether the CSC has exclusive jurisdiction over appeals in capital cases following noncapital resentencing?

This case presents issues relating to the noncapital resentencing of a capital defendant following remand. The Court directed the parties to brief and argue whether this Court has exclusive jurisdiction over this appeal, or whether this appeal may be decided by the Court of Appeal. (See Cal. Const., art. VI, § 11, subd. (a); People v. Coleman (1991) 53 Cal.3d…

Case: People v. Mataele (G064565), transfer granted 05/29/2025 (S291019)
Case Number: S291019/G064565
Updated: 20260401
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