The Supreme Court today denied rehearing in People v. Mosley, one of five cases in which a change in the court’s composition could have led to second opinions. In Mosley, the dissenters — Justices Goodwin Liu and Kathryn Werdegar — voted for rehearing, but new Justices Mariano-Florentino Cuéllar and Leondra Kruger did not.
Last month, Cuéllar and Kruger joined Werdegar and Liu to force a rehearing in People v. Grimes. Last week, the court almost granted rehearing in Johnson v. California Department of Justice, but came up one vote short when Cuéllar but not Kruger joined Werdegar and Liu.
In Mosley, a 5-2 court held that, under Apprendi v. New Jersey (2000) 530 U.S. 466, a judge without a jury can make the required “findings underlying his or her discretionary order that a convicted criminal defendant must register as a sex offender” even if that order “includes registered sex offender residency restrictions.”
