On Monday morning, the Supreme Court will file its opinion in People v. Contreras. (Some of the briefs here; oral argument video here.) The case was argued over four months ago, but there’s no 90-day rule violation — the clock restarted when post-argument supplemental briefing was completed at the end of November. This is the last undecided case from the October calendar.
If the case is not mooted by new legislation, which, at the court’s request, was the subject of the supplemental briefing, the court will address whether a total sentence of 50 years to life or 58 years to life is the functional equivalent of life without the possibility of parole for juvenile offenders within the meaning of the Eighth Amendment. The substantive question is what the court directed the parties to brief when it un-held the case 18 months ago. (Second District, Division Five, Court of Appeal Justice Sandy Kriegler is the pro tem.)
In 2016, the court held in People v. Franklin that the constitution proscribes mandatory sentences for homicides committed by juveniles that are the “functional equivalent” of life without parole, but also concluded that delaying parole eligibility for 25 years is not functionally equivalent to life without parole.
The Contreras opinion can be viewed Monday starting at 10:00 a.m.
