On Monday morning, the Supreme Court will file its opinions in In re Ja.O. and People v. Dain. (Briefs here; oral argument videos here and here.)
In Ja.O., the court is expected to decide whether the duty of a child welfare agency, under the federal Indian Child Welfare Act and complementary state statutory law, to inquire of extended family members and others about a child’s potential Indian ancestry applies to children who are taken into custody under a protective custody warrant. The court later asked for supplemental briefing about new legislation that might have resolved the issue. The court granted review in July 2023. More about the case here and here.
When the court granted review in Dain in May 2024, it limited the issue to: “Did the Court of Appeal err in remanding the case with directions to reinstate the strike finding and to resentence defendant as a person who has suffered a prior strike conviction under the Three Strikes Law? (See People v. Williams (1998) 17 Cal.4th 148, 164, fn. 7; see also People v. McGlothin (1998) 67 Cal.App.4th 468, 478; People v. Humphrey (1997) 58 Cal.App.4th 809, 814; but see People v. Mayfield (2020) 50 Cal.App.5th 1096, 1109; People v. Strong (2001) 87 Cal.App.4th 328, 347.)” More about the case here.
These will be the fifth and sixth of eight opinions for cases argued on the early-May calendar. Opinions in the last two cases will take a while longer. (See below.) Other argued but undecided cases are seven argued in late May (four of which have opinions due by August 18; the other three will be delayed (see below)), and the seven on the June calendar (five of those opinions are filing by August 28; the other two will be delayed (see below)).
Because of post-argument briefing, a number of opinions will likely file outside the usual 90-days-from-argument time period: Taking Offense v. State of California, argued in early May, and Los Angeles Police Protective League v. City of Los Angeles, argued in late May, could be decided as late as November 10 (see here); opinions in the death penalty appeals in People v. Bankston, argued in early May, People v. Chhuon and Pan, argued in late May, and People v. Barrera, argued in June, might not file until December 1 (see here); the People v. Cardenas death penalty appeal, argued in late May, could be decided as late as September 15; and the opinion in People v. Superior Court (Guevara), argued in June, might not file until October 9.
The Ja.O. and Dain opinions can be viewed Monday starting at 10:00 a.m.
