Tomorrow morning, the Supreme Court will file its opinions in New England Country Foods v. Vanlaw Food Products and People v. Antonelli. (Briefs here; oral argument videos here and here.)
In New England Country Foods, the court agreed in February 2024 to answer this question for the Ninth Circuit, “Is a contractual clause that substantially limits damages for an intentional wrong but does not entirely exempt a party from liability for all possible damages valid under California Civil Code Section 1668?” More about the case here and here.
Antonelli is expected to address these issues: (1) Is defendant entitled to resentencing under Penal Code section 1172.6 on the ground that malice could be imputed to the defendant under the provocative act theory of murder for convictions occurring before 2009 (see Sen. Bill No. 775 (2021-2022 Reg. Sess.); People v. Concha (2009) 47 Cal.4th 653)? (2) Did the trial court err by not considering the jury instructions in determining defendant was ineligible for resentencing as a matter of law for a provocative act murder? The court granted review in October 2023. More about the case here.
These will be the first opinions for the four cases argued in February. The remaining two cases should be decided by May 5. Other argued but undecided cases are the two March calendar matters (one opinion due by June 2; in the other, the People v. Barrett death penalty appeal, the opinion could be filed as late as June 26 because of post-argument briefing) and the six on the April calendar.
The New England Country Foods and Antonelli opinions can be viewed tomorrow starting at 10:00 a.m.
