Cal. Supreme Court October Argument Calendar Posted. There are five criminal cases on the October calendar, four of those are automatic appeals in capital cases. The four capital cases are:

S033975 People v. Combs (Tues. Oct. 5, 2 pm) (Richard C. Gilman for appellant; Deputy A.G. Sharon L. Rhodes for the state).

S034473 People v. Monterroso (Tues. Oct. 5, 2 pm) (Jerry Whatley for appellant; Deputy A.G. David Delgado-Rucci, for the state).

S023835 People v. Morrison (Wed., Oct. 6, 1:30 pm) (John L. Dodd and Robert Landheer for appellant; Deputy A.G. Juliet H. Swoboda for the state).

S044677 People v. Horning (Wed., Oct. 6, 1:30 pm) (John F. Schuck for appellant; Erik R. Brunkal for the state).

The one non-capital criminal case on the October Calendar is no. S114375, People v. Braxton, (Tues., Oct 5, 2 pm) which presents questions relating to new trial motions:

(1) Was the defendant entitled to a new trial under Penal Code section1202 where the trial court refused to consider defense counsel's motion for a new trial at sentencing? (2) In general, when a trial court initially refuses to consider a new trial motion, must a defendant specifically bring the provisions by that section. (3) Should the Court of Appeal have remanded for a hearing on defendant's new trial motion rather than reversing the judgment granting a new trial?

(Richard Neuhoff represents the appellant; Deputy A.G. Bruce Ortega represents the state.)

The October calendar will be held in Los Angeles.