Miscellaneous Order 2022-01

The Second Appellate District of the California Court of Appeal has issued a miscellaneous order stating that recently enacted laws effective January 1, 2022 may affect criminal judgments currently under review in this court.

If an appellant believes that one of the newly-enacted laws may apply to their case, they may file a supplemental brief directed solely to the question whether they are entitled to relief under the new law(s). The supplemental brief must be filed within 20 days of this order.

If a respondent has already filed a brief, they may file a supplemental respondent's brief within 20 days of the appellant's supplemental brief. If the appellant has already filed a reply brief, they may file a supplemental reply brief within 15 days after the respondent's supplemental brief.

If supplemental briefing cannot be completed before a scheduled oral argument, either party may file a request for continuance of the argument pending completion of the supplemental briefing.

If the matter has already been submitted, or an opinion has issued and the decision is not yet final, counsel who believes that one of the newly-enacted laws may apply to the case should contact the division clerk to inquire how to proceed.