September 13, 2005
Argument Week for Cal. Supremes. After two months without hearings, the Cal. Supreme Court resumes hearing arguments this week short a justice. As the calendar shows, court of appeal justices will be sitting by designation, one-case-each, in alphabetical order.
One case of particular interest for criminal appellate and federal habeas practitioners will be People v. Partida, no. S127505, which presents the question of whether a federal due process claim was waived:
- Did defendant forfeit his federal due process claim on appeal by failing to object on that ground in the trial court?
- Does the forfeiture exception articulated in People v. Yeoman (2003) 31 Cal.4th 93, 117, apply when the appellate claim is otherwise governed by Evidence Code section 353(a)?
- Did the admission of testimony from a gang expert violate either Evidence Code section 352 or federal due process?
Arguing for the appellant will be Verna Wefald (counsel for appellant) and Barry Helft (counsel for amicus, Cal. State Public Defender). Deputy Attorney General Laura J. Hartquist represents the state.
Also on the calendar is a knock and notice case.
Posted by Jonathan Soglin at 06:02 AM | Permalink
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