The Supreme Court today invited amicus briefing “by interested persons or entities” that would “address[ ] the legal issues raised” by Governor Newsom’s request last Thursday “for a recommendation allowing him to issue a commutation reducing all sentences of death to life in prison without the possibility of parole.” The court also filed a pro-commutation amicus brief that was submitted on Friday. (See Request re: Commutation of death sentences.)
The order’s phrasing — that the issues before the court apparently concern the commutation of “all sentences of death” (emphasis added) — suggests the court’s decision on Newsom’s request might determine the validity of commuting all 548 current California death sentences, not just the 382 that the court is constitutionally required to review.
As we explained last week, the Governor himself preemptively raised and refuted two possible arguments against the commutations.
The amicus brief filed today is from the California Appellate Project, the Habeas Corpus Resource Center, and the Office of the State Public Defender, who say they are “the predominant providers of postconviction representation and assistance to counsel who provide such representation for individuals sentenced to death in California.” The Supreme Court appoints the Resource Center’s executive director. (See also here.) The Governor appoints the State Public Defender, subject to State Senate confirmation. The Appellate Project is a non-profit law firm established in 1983 by the State Bar of California at the request of California’s Chief Justice.
Another amicus brief, on behalf of 19 individuals and presumably also in support of the commutations, was submitted today and will likely be filed.
Before today, it was unclear if the court would accept any briefing regarding Newsom’s commutation request. In 2023, the court denied a district attorney’s motion to present briefing and argument regarding a gubernatorial request for permission to commute a life without parole sentence. (See here.)
Proposed amicus briefs are due in two weeks, by November 24, and the Governor’s “consolidated answer” to those briefs is to be filed 10 days later, by December 4. Newsom leaves office in 55 days and the court will most likely rule on the commutations before then.
Related:
Governor asks Supreme Court to approve a blanket commutation of 382 death sentences
Supreme Court orders hearing on landmark anti-death penalty writ petition
