The Supreme Court today announced it will hear arguments in just two cases in January. Both are automatic direct appeals from death sentences.
Of the five calendars heard or scheduled this term, this will be the third with only two cases. The biggest of the five was October’s with four. At this rate, the term’s 11 calendars will feature a total of just 28 or 29 arguments. 28 or 29 opinions expected in those cases before term’s end plus seven opinions that were filed or are filing this term in cases argued last term, would still yield decisions in only 35 or 36 cases, an historic low.
At the same point in the last term, the court was on pace to have 37 arguments and opinions. But, with larger later calendars, the court ended up issuing 45 opinions, which was nonetheless probably the fewest ever. (See here and here.) Saving the most for term’s end is a recent trend (see here), but a departure from a policy instituted in 2016-2017, when the court decided to have its calendars more evenly balanced throughout the term instead of backloading cases.
Because of Justice Martin Jenkins’s retirement, and because of a recusal in one of the cases, there will be Court of Appeal justices sitting pro tem. (Only one of the three pro tems has been assigned as of now.) And it’s possible the vacancy on the court is partially responsible for January’s small calendar. To avoid having a pro tem justice potentially cast a deciding vote, short-handed courts normally don’t schedule a case for argument if four of the permanent justices haven’t tentatively agreed on a decision. (See here and here.)
On Wednesday, January 7, in San Francisco, the court will hear these cases:
People v. Bertsch and Hronis: This is an automatic direct appeal from a December 2000 judgment of death. Unlike in discretionary review cases, the court’s website does not list issues for death penalty appeals. Counsel were appointed in 2005. Briefing wasn’t completed until April 2024.
People v. Deen: This is an automatic direct appeal from an October 2000 judgment of death. Unlike in discretionary review cases, the court’s website does not list issues for death penalty appeals. Counsel was appointed in June 2006. Initial briefing was completed in December 2013. Supplemental briefing was completed in September 2024. Chief Justice Patricia Guerrero is recused, so there will be two pro tem justices on this case, one replacing the Chief Justice and one filling the Justice Jenkins vacancy. One of the pro tems is Fourth District, Division One, Court of Appeal Justice David Rubin.
Briefs for the cases will soon be posted here. The arguments will be live streamed. Opinions in the cases should file by April 6.
