SCA 27

Bill Subjects

Abstract

Existing law provides that the Supreme Court has appellate jurisdiction when a judgment of death has been pronounced. Existing law authorizes the Supreme Court to, before decision, transfer a cause from itself to a court of appeal, and review the decision of a court of appeal in any cause, except that this transfer authorization does not apply to appeals involving a judgment of death. This measure would amend the California Constitution to also authorize the Supreme Court to transfer a cause to a court of appeal when a judgment of death has been pronounced. The measure would require, if the Supreme Court transfers a cause concerning a judgment of death to a court of appeal, that the Supreme Court review the resulting decision of the court of appeal affirming or reversing that judgment. The measure would provide that if the Supreme Court concludes that the decision contains no error affecting the judgment, presents no need to secure uniformity of decision, and does not require resolution of an important question of law, the Supreme Court may summarily affirm the judgment of the court of appeal in an order published in the official reports. The measure would also require that, if the Supreme Court determines that summary affirmance is not appropriate, the Supreme Court is required to hold oral argument and issue a decision in writing with reasons stated, addressing all or part of the court of appeal's decision.