SCA 13

Bill Subjects

Abstract

The California Constitution establishes the jurisdiction of the courts, providing that the Supreme Court has appellate jurisdiction when judgment of death has been pronounced. The California Constitution provides that courts of appeal have appellate jurisdiction when superior courts have original jurisdiction in causes of a type within the appellate jurisdiction of the courts of appeal on June 30, 1995, and in other causes prescribed by statute. This measure would, instead, establish appellate jurisdiction in the courts of appeal in cases when judgment of death has been pronounced. The California Constitution authorizes the Supreme Court to review the decision of a court of appeal in any cause. Concurrence of 4 judges present at the argument is necessary for a judgment. This measure would require the Supreme Court to review the decision of a court of appeal in a capital case on an issue necessary to the judgment on which the court of appeal panel was not unanimous, and would authorize the Supreme Court to review other issues in that case. The measure would authorize the Supreme Court to decide the case upon the concurrence of 4 judges without oral argument if the Supreme Court is required to review the decision of a court of appeal on an issue necessary to the judgment on which the court of appeal panel was not unanimous and does not grant review of any additional issues.