The oral argument calendar for September features four criminal cases, including two death-penalty appeals.
Here are the four cases, with the issue or issues presented as summarized by court staff or, if indicated, limited by the court itself:
People v. Meno, S286092 (justice pro tempore to be assigned)
Does a trial court have discretion to dismiss either the greater or lesser included
offense involving the same conduct of driving under the influence causing death in order
to avoid the prohibition against multiple convictions based on necessarily included
offenses?
People v. Ball, S292969 (justice pro tempore to be assigned)
Does drawing or exhibiting a firearm in a threatening manner in the
presence of a motor vehicle occupant (Pen. Code, § 417.3) require proof of both objective
and subjective fear, or is proof of objective fear alone sufficient?
People v. Argueta, S150524 (Kelety, J., assigned justice pro tempore)
This is an automatic direct appeal from a February 2007 judgment of death. Unlike in discretionary review cases, the court’s website does not list issues for death penalty appeals. Counsel were appointed in December 2010. Initial briefing was completed in March 2016. Supplemental briefing was completed in December 2025. Argument was continued from the June calendar
People v. Wesson, S136171 (Bendix, J., assigned justice pro tempore)
This is an automatic direct appeal from a July 2005 judgment of death. Unlike in discretionary review cases, the court’s website does not list issues for death penalty appeals. Counsel was appointed in July 2009. Initial briefing was completed in September 2017. Supplemental briefing was completed in March 2025.
