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At the Lectern

Murder resentencing opinion filing Monday

May 30, 2025

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

The opinion is expected to address whether there was sufficient evidence to support the trial court’s finding that defendant acted with reckless indifference to human life and therefore was ineligible for resentencing under Penal Code section 1172.6. The court granted review in September 2023. More about the case here.

This will be the first opinion in the two cases argued in March. Because of post-argument briefing, the other March case, the People v. Barrett death penalty appeal, should be decided by June 26. Other argued but undecided cases are the six on the April calendar (opinions due by July 7), the eight on the early-May calendar (opinions due by August 4, except for the death penalty appeal in People v. Bankston, which, because of post-argument briefing, could be decided as late as August 25), and the eight on the late-May calendar (opinions due by August 18, except for the People v. Chhuon and Pan and People v. Cardenas death penalty appeals, which, because of post-argument briefing, might not be decided until mid-October and mid-September, respectively).

The Emanuel opinion can be viewed Monday starting at 10:00 a.m.

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