Monday, June 06, 2016

Brown v. Superior Court (Cal. Supreme Ct. - June 6, 2016)

There's nothing from the Ninth Circuit today, and nothing except for one opinion from the California appellate courts.  But that one opinion is nonetheless fairly significant -- it lets a pending initiative to substantially revise various components of the state criminal justice system get to the signature-gathering stage.  Even though the trial court had enjoined it under the new provisions of Section 9002 of the Elections Code.

It was an important enough case that it went straight from the trial court to the California Supreme Court.  Which, in turn, expedited the case.  Today, the California Supreme Court issues its opinion.

It's a 6-1.  Only Justice Chin dissents.  He thinks that the amendments to the proposed initiative that were added after the new "notice and comment" period were too expansive.  The majority disagrees.

Justice Chin ends his dissent by noting various technical and other problems with the proposed initiative, which is apparently supported at this point by Governor Brown.  Check out the last three pages or so of Justice Chin's dissent.  Interesting stuff.

Anyway, an opinion worth reading.  At least for those interested in the criminal justice system here in California.

Because it may well involve an initiative that could appear soon at the ballot box.