On Monday morning, the Supreme Court will file its opinion in Boermeester v. Carry. (Briefs here; oral argument video here.)
This will be the eighth of nine opinions for cases argued in early-May. Because of post-argument briefing, the opinion in the remaining undecided case — People v. Martinez — isn’t due until August 28. Decisions in the four undecided cases from the six-case late-May calendar are expected by August 21.
After granting review in Boermeester — and depublishing the Court of Appeal’s opinion — in September 2020, the court limited review to: “1. Under what circumstances, if any, does the common law right to fair procedure require a private university to afford a student who is the subject of a disciplinary proceeding with the opportunity to utilize certain procedural processes, such as cross-examination of witnesses at a live hearing? 2. Did the student who was the subject of the disciplinary proceeding in this matter waive or forfeit any right he may have had to cross-examine witnesses at a live hearing? 3. Assuming it was error for the university to fail to provide the accused student with the opportunity to cross-examine witnesses at a live hearing in this matter, was the error harmless?” It later added another issue: “What effect, if any, does Senate Bill No. 493 (2019-2020 Reg. Sess.) have on the resolution of the issues presented by this case?” (Link added.) Horvitz & Levy represents the defendants in the Supreme Court.
The opinion can be viewed Monday starting at 10:00 a.m.
