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At the Lectern

Opinion filing Monday in death penalty case with Batson/Wheeler issue

May 18, 2018

On Monday morning, the Supreme Court will file its opinion in People v. Smith, which was argued on the large March calendar.  (Briefs here; oral argument video here.)

Smith is an automatic direct appeal from an October 1997 judgment of death.  (Fourth District, Division One, Court of Appeal Justice Patricia Benke is the pro tem.)

Alleged Batson/Wheeler misconduct by the prosecution — i.e., racial discrimination in the jury selection — is a primary issue.  That issue often splits the court, most recently in a death penalty case just last week.

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

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