Resentencing eligibility, retrial evidence opinions filing tomorrow
Tomorrow morning, the Supreme Court will file its last opinions of 2017, in People v. Frierson and People v. Hicks. (Briefs here; oral argument videos here and here.) Both cases were argued on the October calendar.
There is one other undecided case from that calendar — People v. Contreras, where, if the case is not mooted by new legislation, the court will address what constitutes the functional equivalent of life without the possibility of parole for juvenile offenders. After argument, the court asked for supplemental briefing about the legislation and vacated submission, which reset the 90-day clock for filing opinions. The case was resubmitted on November 28, when supplemental briefing was completed, and the court now has until the end of February to file its opinion (or dismiss the case as moot).
In Frierson, the question is: What is the standard of proof for a finding of ineligibility for resentencing under Proposition 36? (See People v. Arevalo (2016) 244 Cal.App.4th 836; cf. People v. Osuna (2014) 225 Cal.App.4th 1020)? (First District, Division Two, Court of Appeal Justice Marla Miller is the pro tem.)
Hicks will decide whether the trial court erred when it refused to inform the jury at the retrial of a murder charge that defendant had been convicted of gross vehicular manslaughter in the first trial. (Compare People v. Batchelor (2014) 229 Cal.App.4th 1102.) (Fourth District, Division Three, Court of Appeal Justice Eileen Moore is the pro tem.)
The Frierson and Hicks opinions can be viewed tomorrow starting at 10:00 a.m.