The Supreme Court heard arguments in the People v. Demolle death penalty appeal three weeks ago (video here) and the case was submitted for decision. Under the 90-day rule, an opinion was expected by January 5. On Wednesday, however, the court vacated submission and ordered supplemental briefing about California’s Racial Justice Act (here and here). With a projected re-submission date over two months away, the opinion now could file as late as April 23. The appeal is from a judgment entered almost 18 years ago.
Three other death penalty appeals, argued months before Demolle, have had their decisions put off by court orders for briefing about RJA issues. In fact, the issues to be briefed in Demolle are the same as those in the other three appeals. (See here and here.)
Opinions in the other three cases, which could resolve the RJA issues to be briefed in Demolle, are expected by February 26, two months before the likely Demolle decision due date.
