CA High Court Judge’s Dissents Illuminate

The California Supreme Court’s reasoning in declining some cases has long been wrapped in mystery, but one justice’s recent dissents have illuminated the process. First, in October, Justice Goodwin Liu wrote a dissent from the majority’s refusal to hear a case in which a 10-year-old was deemed capable of waiving his right to remain silent. Then, last week, Liu wrote a similarly lengthy dissent saying the court should have considered the case of two people sentenced to life in prison for a murder a jury found they did not personally commit. Though dissents are common to the U.S. Supreme Court, they were more rare for California’s highest court. “Perhaps Justice Liu thinks that is a good practice to incorporate into the California Supreme Court,” appellate lawyer David S. Ettinger wrote.