On Monday morning, the Supreme Court will file its opinion in People v. Safety National Casualty Corp., which was argued on the November calendar. The case raises the issue whether Penal Code section 977, subdivision (b)(1), may be utilized to determine if a proceeding at which a defendant charged with a felony failed to appear was a proceeding at which the defendant was “lawfully required” to appear for purposes of forfeiting bail under Penal Code section 1305, subdivision (a)(4).
Monday is the 90th and last day to file opinions in November calendar cases . . . except for People v. Masters. That death penalty appeal wasn’t submitted until almost four weeks after argument, when supplemental briefing was completed, and it’s a case’s submission that starts the 90-day clock. Of course, with the judgment in the case being over 25 years old, with initial briefing completed more than 12 years ago, and with a related habeas corpus proceeding still pending almost 9 years after the Supreme Court issued an order to show cause, an extra few weeks’ wait for the opinion doesn’t matter much. (Note: an initiative that might appear on the ballot this year would require, “the state courts shall complete the state appeal and the initial state habeas corpus review in capital cases” within five years of entry of judgment. The disruption to the state’s judicial system if that initiative became law cannot be overstated.)
The Safety National opinion can be viewed Monday starting at 10:00 a.m.
