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  • Commentaries
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California Case Commentaries

Conditional Reversal in Juvenile Dependency Cases: Insights from In re DEZI C. et al.

Conditional Reversal in Juvenile Dependency Cases: Insights from In re DEZI C. et al.

Date: Aug 20, 2024
Conditional Reversal in Juvenile Dependency Cases: Insights from In re DEZI C. et al. Introduction In the landmark case In re DEZI C. et al., the Supreme Court of California addressed a pivotal issue...
California Supreme Court Exempts Public Health Systems from Labor Code Meal and Rest Break Requirements and PAGA Penalties

California Supreme Court Exempts Public Health Systems from Labor Code Meal and Rest Break Requirements and PAGA Penalties

Date: Aug 16, 2024
California Supreme Court Exempts Public Health Systems from Labor Code Meal and Rest Break Requirements and PAGA Penalties Introduction In Tamelin Stone et al. v. Alameda Health System (324 Cal....
Limiting the Role of Retained Experts in Sexually Violent Predator Commitments: Needham v. Superior Court

Limiting the Role of Retained Experts in Sexually Violent Predator Commitments: Needham v. Superior Court

Date: Jul 2, 2024
Limiting the Role of Retained Experts in Sexually Violent Predator Commitments: Needham v. Superior Court Introduction In Needham v. Superior Court, the Supreme Court of California addressed...
California Supreme Court Establishes Prospective-Only Application for Gang Enhancement Bifurcation under Penal Code section 1109

California Supreme Court Establishes Prospective-Only Application for Gang Enhancement Bifurcation under Penal Code section 1109

Date: Jun 4, 2024
California Supreme Court Establishes Prospective-Only Application for Gang Enhancement Bifurcation under Penal Code section 1109 Introduction In the landmark case of The People, Plaintiff and...
Expanding section 1385 Dismissal: Considering Defendant's Innocent State of Mind in Strict Liability Misdemeanors – Wheeler v. Appellate Division

Expanding section 1385 Dismissal: Considering Defendant's Innocent State of Mind in Strict Liability Misdemeanors – Wheeler v. Appellate Division

Date: May 31, 2024
Expanding section 1385 Dismissal: Considering Defendant's Innocent State of Mind in Strict Liability Misdemeanors – Wheeler v. Appellate Division Introduction In the landmark case of Emily Wheeler v....
Guarding Against Unwarranted Police Detentions: Flores v. The People

Guarding Against Unwarranted Police Detentions: Flores v. The People

Date: May 3, 2024
Guarding Against Unwarranted Police Detentions: Flores v. The People Introduction The Supreme Court of California, in the landmark case The People, Plaintiff and Respondent, v. Marlon Flores,...
Discretion in Imposing Lesser Enhancements: California Supreme Court Sets New Precedent

Discretion in Imposing Lesser Enhancements: California Supreme Court Sets New Precedent

Date: Apr 30, 2024
Discretion in Imposing Lesser Enhancements: California Supreme Court Sets New Precedent Introduction In the landmark case of People v. Weldon K. McDavid, Jr. (320 Cal. Rptr. 3d 444, 2024), the...
Conjunctive Interpretation of Penal Code section 136.1(b)(2): Shaping Future Witness Dissuasion Cases

Conjunctive Interpretation of Penal Code section 136.1(b)(2): Shaping Future Witness Dissuasion Cases

Date: Apr 23, 2024
Conjunctive Interpretation of Penal Code section 136.1(b)(2): Shaping Future Witness Dissuasion Cases Introduction In the landmark case of The People v. Raymond Gregory Reynoza (320 Cal. Rptr. 3d...
California Supreme Court Upholds Life Without Parole Exclusion for Young Adults under Equal Protection

California Supreme Court Upholds Life Without Parole Exclusion for Young Adults under Equal Protection

Date: Mar 5, 2024
California Supreme Court Upholds Life Without Parole Exclusion for Young Adults under Equal Protection Introduction In the landmark case of The People, Plaintiff and Respondent, v. Tony Hardin,...
Reinterpreting 'Collective Engagement' in Gang Sentencing: The People v. Kejuan Darcell Clark

Reinterpreting 'Collective Engagement' in Gang Sentencing: The People v. Kejuan Darcell Clark

Date: Feb 23, 2024
Reinterpreting 'Collective Engagement' in Gang Sentencing: The People v. Kejuan Darcell Clark Introduction The People v. Kejuan Darcell Clark is a landmark decision by the Supreme Court of California...
Modification of Revocable Trusts Under California Probate Code Section 15402

Modification of Revocable Trusts Under California Probate Code Section 15402

Date: Feb 9, 2024
Modification of Revocable Trusts Under California Probate Code Section 15402 Introduction Brianna McKee Haggerty v. Nancy F. Thornton et al. (318 Cal. Rptr. 3d 25) is a landmark decision by the...
California Supreme Court Upholds Implied Easement Over Residential Driveway

California Supreme Court Upholds Implied Easement Over Residential Driveway

Date: Feb 2, 2024
California Supreme Court Upholds Implied Easement Over Residential Driveway Introduction In the landmark case of TATANA SPICAKOVA ROMERO et al. v. LI-CHUAN SHIH et al., the Supreme Court of...
People v. Helzer: Affirmation of Search Warrant Execution and Jury Selection Procedures in Capital Punishment Cases

People v. Helzer: Affirmation of Search Warrant Execution and Jury Selection Procedures in Capital Punishment Cases

Date: Jan 23, 2024
People v. Helzer: Affirmation of Search Warrant Execution and Jury Selection Procedures in Capital Punishment Cases Introduction People v. Glen Taylor Helzer is a significant judgment delivered by...
California Supreme Court Limits Inherent Authority to Dismiss PAGA Claims for Manageability

California Supreme Court Limits Inherent Authority to Dismiss PAGA Claims for Manageability

Date: Jan 19, 2024
California Supreme Court Limits Inherent Authority to Dismiss PAGA Claims for Manageability Introduction In the landmark case of Estrada v. Royalty Carpet Mills, Inc. (317 Cal. Rptr. 3d 219), the...
Reaffirming Legislative Flexibility: The People v. Fernando Rojas and the Integrity of Initiative Statutes

Reaffirming Legislative Flexibility: The People v. Fernando Rojas and the Integrity of Initiative Statutes

Date: Dec 19, 2023
Reaffirming Legislative Flexibility: The People v. Fernando Rojas and the Integrity of Initiative Statutes Introduction In the landmark case The People, Plaintiff and Respondent, v. Fernando Rojas,...
Defining 'Substance Abuse' in Juvenile Dependency Jurisdiction: Analysis of In re N.R. v. O.R.

Defining 'Substance Abuse' in Juvenile Dependency Jurisdiction: Analysis of In re N.R. v. O.R.

Date: Dec 15, 2023
Defining 'Substance Abuse' in Juvenile Dependency Jurisdiction: Analysis of In re N.R. v. O.R. Introduction In re N.R., a Person Coming Under the Juvenile Court Law. v. O.R. is a landmark decision by...
Issue Preclusion and Resentencing under Senate Bill 1437: The People v. Curiel Decision

Issue Preclusion and Resentencing under Senate Bill 1437: The People v. Curiel Decision

Date: Nov 28, 2023
Issue Preclusion and Resentencing under Senate Bill 1437: The People v. Curiel Decision Introduction In the landmark case of The People v. Freddy Alfredo Curiel (15 Cal.5th 433), decided by the...
Remand for Resentencing Under Senate Bill 567: Enhancing Mitigating Circumstances in Sentencing – People v. Salazar

Remand for Resentencing Under Senate Bill 567: Enhancing Mitigating Circumstances in Sentencing – People v. Salazar

Date: Nov 21, 2023
Remand for Resentencing Under Senate Bill 567: Enhancing Mitigating Circumstances in Sentencing – People v. Salazar Introduction In the landmark case of People v. Norman Thomas Salazar, the Supreme...
Due Process and Timely Trial Rights in SVP Commitment Cases: Camacho v. Superior Court of Merced County

Due Process and Timely Trial Rights in SVP Commitment Cases: Camacho v. Superior Court of Merced County

Date: Sep 1, 2023
Due Process and Timely Trial Rights in SVP Commitment Cases: Camacho v. Superior Court of Merced County Introduction This commentary delves into the landmark decision of Ciro Camacho v. The Superior...
Schuller Sets New Precedent Requiring Imperfect Self-Defense Instructions as Constitutional Error

Schuller Sets New Precedent Requiring Imperfect Self-Defense Instructions as Constitutional Error

Date: Aug 18, 2023
Schuller Sets New Precedent: Imperfect Self-Defense Instructions as Constitutional Error Introduction In the landmark case The People v. Jason Carl Schuller (15 Cal.5th 237, 2023), the Supreme Court...
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