Background graphic
At the Lectern

Gun-brandishing opinion filing Monday

David S. Ettinger October 23, 2026

On Monday morning, the Supreme Court will file its opinion People v. Ball.  (Briefs here; oral argument video here.)

As summarized by court staff (see here), the issue is:  “Does drawing or exhibiting a firearm in a threatening manner in the presence of a motor vehicle occupant (Pen. Code, § 417.3) require proof of both objective and subjective fear, or is proof of objective fear alone sufficient?”  The court granted review in December 2025.  More about the case here.  First District, Division One, Presiding Justice Jim Humes is the pro tem.

This will be the first opinion in the four cases argued in September.  It will also be the first opinion in over a month, but a big gap — usually a longer one — is common this time of year because of the 90-day rule and the court’s traditional summer oral argument hiatus.  (See here and here.)  One other September case opinion could file as late as December 7 and, because of post-argument briefing, opinions in the last two cases — People v. Wesson and People v. Meno — might not file until January 11 and 14, respectively.

The Ball opinion 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