Background graphic
At the Lectern

Death penalty, ineffective counsel opinions filing Monday

November 24, 2020

Giving six days’ notice because this is Thanksgiving week, the Supreme Court announced that on Monday morning it will file its opinions in In re Long and People v. Turner.  (Briefs here; oral argument videos here and here.)

Both cases were argued on the September calendar.  All four cases on that calendar had a Court of Appeal justice sitting pro tem.

In Long, the court will address:  (1) Did defense counsel render ineffective assistance by failing to consult a qualified expert on determining time of death and failing to present evidence regarding defendant’s clothing around the time of the crime?  (2) Did the decision of the Court of Appeal adhere to the controlling standards of appellate review?  The appellate court reversed habeas corpus relief for a defendant convicted of second degree murder.  The Supreme Court granted review in August 2018.  Fifth District Justice Donald Franson, Jr., is the pro tem.

Turner is an automatic direct appeal from a July 2007 judgment of death.  The court’s website does not list issues for such cases.  Counsel was appointed in October 2011.  Initial briefing was completed in November 2016.  Second District, Division Six, Presiding Justice Arthur Gilbert is the pro tem.

The opinions can be viewed Monday starting at 10:00 a.m.

Put Our Proven Appellate Expertise to Work for You.

For over 60 years, we've preserved judgments, reversed errors, and reduced awards in some of California’s most high-profile appellate cases.

Explore our practices Explore Careers
Horvitz