The Supreme Court heard oral argument on Tuesday in Briggs v. Brown, the writ petition challenging Proposition 66, the initiative to speed up California’s death penalty system.
Today, the court asked for supplemental briefing to address “[w]hether the authorization of an appeal to the Court of Appeal from the decision of a superior court on an initial capital habeas corpus petition (Pen. Code, § 1509.1, subd. (a)) conflicts with the grant of appellate jurisdiction to this court ‘when judgment of death has been pronounced’ (Cal. Const., art. VI, § 11, subd. (a); see id., § 12, subd. (d)).”
In keeping with the expedited schedule the court has so far set in this case, the supplemental briefing has tight due dates. Initial briefs, including any amicus briefs, must be filed in 10 days and any replies are due by June 29.
The briefing request will not re-start the 90-day period for filing the court’s opinion, unlike in other cases. The court’s order provides, “The cause remains submitted as of June 7, 2017.” (Sic: that probably should be June 6. However, whether the submission date is June 6 or June 7, the last regular opinion-filing day within the 90-day period is August 31.)
