Tomorrow morning, the Supreme Court will file its opinions in American Civil Liberties Union Foundation of Southern California v. Superior Court and People v. Daniels, the last two undecided cases from the June calendar. (Briefs here; oral argument videos here.)
In fact, they’re the last two argued cases still awaiting opinions, period. And with no more arguments until next week, it could be a month or more before we see another opinion filed. Last year, there was a seven-week gap in opinion filings.
The ACLU and Daniels opinions will also be the last in which Justice Kathryn Werdegar participates. Tomorrow is her last day on the court.
The ACLU case raises the issue whether information collected by police using “automated license plate readers” – high-speed cameras that automatically scan and record the license plate numbers and time, date, and location of every passing vehicle without suspicion of criminal activity – constitutes law enforcement “records of . . . investigations” that are permanently exempt from disclosure under the Public Records Act in accordance with Government Code section 6254, subdivision (f). Additionally, the court asked for supplemental briefing concerning whether the catchall exemption of Government Code section 6255, subdivision (a) applies to any or all of the automatic license plate reader (ALPR) data collected by real parties during the one-week period in August, 2012, that is the subject of this court’s review under the California Public Records Act. (Gov. Code, § 6250, et seq.)
Daniels is an automatic direct appeal from a February 2001 judgment of death.
The opinions can be viewed tomorrow starting at 10:00 a.m.
