Supreme Court Transfer/Remand Orders – Status of Other Issue
In recent weeks, there have been several Supreme Court orders granting petitions for review and transferring the cases to the Court of Appeal for consideration of S.B. 620, the recent legislation (eff. Jan. 1, 2018) giving sentencing courts discretion to strike firearm enhancements. We are likely to see similar Supreme Court orders in the near future transferring grant-and hold cases for reconsideration in light of the Court’s recent opinion requiring juvenile fitness hearings for cases not yet final at the time of enactment of Prop. 57. Be sure to sure to review FDAP's new article on how orders transferring cases back to the Court of Appeal impact the status of a petition for review’s other claims and on the calculation of the federal habeas (AEDPA) statute of limitations.