Thursday, December 12, 2019

SB1437: UPDATE to GOODEN and LAMOUREUX Court after finding SB1437 is Constitutional

QUICK UPDATE on SB1437 since November BLOG post:

There are now two published cases that opined that SB1437 is Constitutional as stated in our November  BLOG. We also know that both were Published by the Court of Appeal, Fourth District, Division One: People v. Lamoureux (D075794) and People v. Superior Court  (Gooden/Dominguez) (D75787 and D75790).

We now provide the update that the Remittitur has not been issued in these cases, but is scheduled for January 21, 2020. We believe that it is likely that People v. Lamoureux  and People v. Superior Court  (Gooden/Dominguez) will be petitioned to the California Supreme Court, after the Remittitur is issued, next month. Again we wait and see.

Still up to date we believe that the Orange County Superior Courts have, so far, adopted the position that SB 1437 is unconstitutional.  We are now keeping our eyes on case number G057510, People v. Solis pending in the Court of Appeal, Fourth District, Division Three. The case is fully briefed, but Oral arguments have not yet been scheduled.

A quick look at the last Docket entry for Solis indicate --->:
Oral argument has NOT been scheduled yet, and probably won't be until next year (attorney unavailability noted out to 02/18/20, as of 12/04/19.

Stay tune....... for both Division One and Three in the Court of Appeal, Fourth District.