Did the Supreme Court rebuke the Governor when it blocked clemency?

After Thursday’s post about this week’s Supreme Court conference, the court updated its online docket to make clear that it had indeed rejected two of Governor Jerry Brown’s requests for clemency recommendations.  Because the prisoners involved — Richard Barnfield and John Johnson — are twice-convicted felons, the California Constitution bars the Governor from commuting their sentences without the court’s recommendations. The docket entries are bland.  They relate without explanation that the court sent the Governor a message as to each request stating simply, “the court, with at least 4 judges concurring, hereby declines to make the recommendation required by Article V, section 8 of the California Constitution for the Governor to grant a commutation of sentence.” However, the court’s innocuous language might mask a harsh rebuke by one governmental branch of another.  Some context is necessary to see why.…

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