A Supreme Court term often includes one oral argument session not in the court’s regular San Francisco, Los Angeles, or Sacramento courtrooms. The October calendar, announced yesterday, will be conducted in Redding, Shasta County.
Because of Justice Jenkins’s October 2025 retirement, and Governor Newsom’s long delay in filling the vacancy, there will be — for the 11th straight calendar — a Court of Appeal justice sitting pro tem in each case. Some of the pro tems will be named later. (See: Why does the Supreme Court use pro tems?; cf.: Pro tem casts deciding vote in public employee retirement board case.)
On Wednesday, October 7, in Redding, the court will hear these cases (with the issue or issues presented as summarized by court staff or, if indicated, limited by the court itself):
Bring Back the Kern v. City of Bakersfield: “Does Article X, section 2 of the California Constitution require a court to consider whether a proposed water use is both ‘reasonable’ and ‘beneficial’ whenever it would direct or adjudicate a particular use of water, including when applying a water use statute that does not expressly incorporate the reasonable and beneficial determination?” The court granted review in July 2025. More about the case here. Horvitz & Levy is co-counsel for one of the appellants. The pro tem justice has not yet been assigned.
People v. Luu: “Is a person convicted of attempted voluntary manslaughter eligible for resentencing relief under Penal Code section 1172.6?” The court granted review in July 2025. More about the case here. Third District Justice Shama Mesiwala is the pro tem.
People v. Madison: This is an automatic direct appeal from a July 2009 judgment of death. Unlike in discretionary review cases, the court’s website does not list issues for death penalty appeals. Counsel was appointed in July 2012. Initial briefing was completed in December 2016. The last supplemental brief was filed in November 2024. The pro tem justice has not yet been assigned.
People v. Morales: This is an automatic direct appeal from a September 2005 judgment of death. Unlike in discretionary review cases, the court’s website does not list issues for death penalty appeals. Counsel was appointed in August 2009. Initial briefing was completed in August 2022. Defendant filed a 15-page supplemental brief last month. Second District, Division Seven, Presiding Justice Gonzalo Martinez is the pro tem.
Briefs for the cases will soon be posted here. The arguments will be live streamed. Opinions in the cases should file by January 4.
