Tomorrow morning the Supreme Court will file its opinion in People v. Morgan. (Briefs here; oral argument video here.)
The issue as summarized by court staff is: “Is assault (Pen. Code, § 240) a necessarily included lesser offense of resisting an executive officer by force or violence (Pen. Code, § 69, subd. (a))?” The court granted review in October 2024. More about the case here.
This will be the first of two opinions in cases argued on the December calendar. The other December case — Shear Development Co. v. California Coastal Commission — might not be decided until May 4 because of supplemental briefing (see here).
There are 11 other argued but undecided cases in the pipeline, only six of which should see opinions within the normal 90-day-from-argument period. Seven of the 11 are death penalty appeals.
Four death penalty appeals were argued last year, but their opinions are delayed by post-argument briefing (see here and here) and also by unusual rearguments scheduled for next month (see here) — People v. Bankston, argued in early May, People v. Chhuon and Pan, argued in late May, People v. Barrera, argued in June, and People v. Demolle, argued in October, now might not file until June 1.
Of the two cases on the January calendar, People v. Deen should be decided by April 6, but People v. Bertsch and Hronis might not be decided until April 30 because of supplemental briefing.
Opinions in the five cases on the February calendar should file by May 4.
The Morgan opinion can be viewed tomorrow starting at 10:00 a.m.
