Tomorrow morning, the Supreme Court will file its opinions in Michael G. v. Superior Court and In re Ferrell. (Briefs here; oral argument videos here and here.)
These will be the last two opinions in cases argued in January. Four cases — all so far undecided — were argued in February; opinions in three should file by May 8, while an opinion in the fourth — the death penalty appeal in People v. Wilson — isn’t due until June 15 because of post-argument supplemental briefing.
Michael G. is expected to decide whether juvenile courts are required to extend reunification efforts beyond the 18-month review when families have been denied adequate reunification services in the preceding review period. It’s a well-percolated issue. The court granted review in January 2022.
When the court issued an order to show cause in In re Ferrell in April 2021, it stated the issue to be whether “the jury’s true finding on the Penal Code section 12022.53, subdivision (d) enhancement . . . render[ed] the People v. Chun (2009) 45 Cal.4th 1172 error harmless beyond a reasonable doubt.” (Link added.) In Chun, the court held “all assaultive-type crimes . . . merge with the charged homicide and cannot be the basis for a second degree felony-murder instruction.” (Id. at p. 1178.) On Monday, the court filed its opinion in a different criminal harmless-error case, In re Lopez, which was also argued in January.
The opinions can be viewed tomorrow starting at 10:00 a.m.
