Tomorrow morning, the Supreme Court will file its opinions in Leon v. County of Riverside and People v. Lewis. (Briefs here; oral argument videos here and here.)
After these opinions file, three of the six cases argued on the April calendar will remain undecided. Opinions in those matters are expected by July 3.
In Leon, the court is expected to decide whether immunity under Government Code section 821.6 is limited to actions for malicious prosecution. (See Sullivan v. County of Los Angeles (1974) 12 Cal.3d 710.) A law review article by an attorney who has since become a Court of Appeal justice, and the Ninth Circuit, have read the immunity more narrowly than have California Courts of Appeal. (See here.) The court granted review in August 2021.
The issue in Lewis is whether a defendant can be convicted of kidnapping to commit rape (Pen. Code, § 209, subd. (b)(1)) based on the use of deception, as an alternative to force or fear, to take and carry away an intoxicated adult victim. The court granted review in February 2022.
The opinions can be viewed tomorrow starting at 10:00 a.m.
