When the Supreme Court atypically ordered rearguments in four death penalty appeals on its March calendar, it said that the rearguments will be “limited” and that, because the Racial Justice Act issues are the same in all four cases, “counsel in these cases are encouraged to confer and coordinate with one another as appropriate.” Reflecting that coordination, the court on Thursday issued an order with timing for the arguments that is also atypical.
Normally, counsel for each side gets 45 minutes to argue in a death penalty appeal. (Rule 8.638(b)(2).) But here’s how it’s going to work on Thursday, according to an order issued in the four cases — People v. Bankston, People v. Barrera, People v. Chhuon and Pan, and People v. Demolle:
The February 18 letter referred to is one sent by the Office of the State Public Defender with a proposed division of oral argument time.
