On Monday morning, the Supreme Court will file its opinions in People v. Wilson and People v. Frazier. (Briefs here; oral argument videos here and here.)
Wilson is an automatic direct appeal from an August 2003 judgment of death. The court’s website does not list issues for death penalty appeals. However, the court in December asked for supplemental briefing on “What is the effect, if any, of the recent amendment to Penal Code section 745, subdivision (b) [part of the California Racial Justice Act (here and here)] on the issues in this case? (Stats. 2023, ch. 464, § 1.)” In April 2023, the court had said that the parties will have 15 additional minutes of argument time to address a defense motion for a stay of the appeal and a limited remand. We haven’t seen the motion, but it appears to concern the RJA. Counsel was appointed in December 2007. Initial briefing was completed in January 2016.
Frazier is an automatic direct appeal from a December 2006 judgment of death. The court’s website does not list issues for death penalty appeals. Counsel was appointed in November 2010. Initial briefing was completed in February 2017. As in Wilson, there’s a pending defense motion for a stay of the appeal and a limited remand, which might concern the RJA. However, unlike in Wilson, the court hasn’t asked for supplemental briefing about a 2023 amendment of the RJA.
These opinions will be the last for the nine cases argued in early-May. Other argued but undecided cases are four of the nine from the late-May calendar (opinions expected by August 19) and six of the seven from the June calendar (opinions expected by August 29).
The Wilson and Frazier opinions can be viewed Monday starting at 10:00 a.m.
