Tomorrow morning, the Supreme Court will file its opinions in In re Brace, which was argued on the early-May calendar, and People v. Anderson, which was heard in late-May. (Briefs here and here; oral argument videos here and here.)
Brace is before the court at the Ninth Circuit’s request. The court will decide, “Does the form of title presumption set forth in section 662 of the California Evidence Code overcome the community property presumption set forth in section 760 of the California Family Code in Chapter 7 bankruptcy cases where: (1) the debtor husband and non-debtor wife acquire property from a third party as joint tenants; (2) the deed to that property conveys the property at issue to the debtor husband and non-debtor wife as joint tenants; and (3) the interests of the debtor and non-debtor spouse are aligned against the trustee of the bankruptcy estate?” (Links added.) The court agreed in January 2019 to answer the Ninth Circuit’s question.
In Anderson, the court limited the issue to: “Were the enhancements under Penal Code section 12022.53, subdivision (e), improperly imposed as to counts 3 through 7 because the prosecution did not specifically plead a violation of this subdivision as to those counts? (See People v. Mancebo (2002) 27 Cal.4th 735.)” (Link added.) The court granted review in March 2019.
The opinions can be viewed tomorrow starting at 10:00 a.m.
