Uncommonly acting on a non-conference day, the Supreme Court today gave Governor Jerry Brown the constitutional authority he needs to commute four more prison sentences. The justices don’t divulge their votes on these matters, but two of the court’s clemency recommendations were likely 4-3 decisions because, as explained, a Court of Appeal justice was assigned to each, signifying the six permanent justices were evenly split.
Using a deferential standard of review, the court recommended clemency for:
- Robert Glass: commuting a life-without-parole sentence for first degree murder, attempted premeditated murder, burglary, and two counts of attempted robbery.
- Rick Rivera: commuting a sentence that the docket doesn’t state, but the docket does say that Rivera wounded someone he mistook for a rival gang member and also shot into three locations without injuring anyone.
- Dean Jacobs: with First District, Division Four, Court of Appeal Justice Jon Streeter serving as a pro tem and possibly casting a deciding vote, commuting an LWOP sentence plus one year for first degree murder and a deadly weapon enhancement.
- Huey Ferguson: with Fifth District Justice M. Bruce Smith serving as a pro tem and possibly casting a deciding vote, commuting an LWOP sentence for first degree murder, robbery, burglary, and use of a deadly weapon.
The court still needs to act on a baker’s dozen clemency recommendation requests from the Governor. It seems unlikely that Joshua Groban, confirmed to the court today, will act on any of them. First, he won’t be sworn in until January 3, after the court’s final conference during Governor Brown’s term and only 4 days before Brown leaves office. Because Chief Justice Tani Cantil-Sakauye has said the court would do whatever possible to quickly review the final clemency requests, there’s a good chance there won’t be any requests pending when Groban joins the court. Second, Groban probably would recuse himself anyway. Although advising on pardons and commutations was not part of his portfolio (that was the job of Peter Krause, whom the Governor recently appointed to the Court of Appeal), Groban nonetheless was a senior legal advisor to Brown when Brown made all the pending requests.
[March 29, 2020 update: It took a while, but Glass’s sentence was commuted on March 27, 2020, by Brown’s successor Governor Gavin Newsom, along with 25 other clemency grants.]
