California Case Commentaries

Reaffirmation of Jury Selection and Evidence Admissibility Standards: People v. Robert Frederick Garceau

Date: Nov 19, 1993

Reaffirmation of Jury Selection and Evidence Admissibility Standards: People v. Robert Frederick Garceau Introduction In The People v. Robert Frederick Garceau (6 Cal.4th 140, 1993), the Supreme...

Establishing Juror Misconduct Standards: The Keith Sanford Hitchings Habeas Corpus Case

Date: Nov 5, 1993

Establishing Juror Misconduct Standards: The Keith Sanford Hitchings Habeas Corpus Case Introduction The case of In re KEITH SANFORD HITCHINGS on Habeas Corpus (6 Cal.4th 97) serves as a pivotal...

Abusive Nonparent De Facto Parents Barred from Participation in Juvenile Dependency Proceedings: In re KIESHIA E.

Date: Oct 29, 1993

Abusive Nonparent De Facto Parents Barred from Participation in Juvenile Dependency Proceedings: In re KIESHIA E. Introduction In re KIESHIA E. is a landmark decision by the Supreme Court of...

PEOPLE v. JOHNSON: California Supreme Court Affirmation on Jury Conduct, Miranda Waivers, and Harmless Error in Death Penalty Cases

Date: Oct 19, 1993

PEOPLE v. JOHNSON: California Supreme Court Affirmation on Jury Conduct, Miranda Waivers, and Harmless Error in Death Penalty Cases Introduction People v. Laverne Johnson (6 Cal.4th 1, 1993) is a...

Protection of Medical Staff Committee Records Under Evidence Code Section 1157: Analysis of Shirley Alexander v. Superior Court of Los Angeles County

Date: Oct 15, 1993

Protection of Medical Staff Committee Records Under Evidence Code Section 1157: Analysis of Shirley Alexander v. Superior Court of Los Angeles County Introduction The case of Shirley Alexander et al....

Affirmation of the "Neal Test" in Penal Code Section 654: Implications for Multiple Punishment under California Law

Date: Oct 5, 1993

Affirmation of the "Neal Test" in Penal Code Section 654: Implications for Multiple Punishment under California Law Introduction In the landmark case of THE PEOPLE v. DEREK LATIMER (5 Cal.4th 1203),...

Arato v. Avedon: Defining the Bounds of Informed Consent in Medical Malpractice

Date: Oct 1, 1993

Arato v. Avedon: Defining the Bounds of Informed Consent in Medical Malpractice Introduction The case of Miriam Arato et al. v. Melvin Avedon et al. (5 Cal.4th 1172, 1993) stands as a pivotal Supreme...

Expansion of Section 667(a) Enhancements to Foreign Convictions: Myers v. The People

Date: Oct 1, 1993

Expansion of Section 667(a) Enhancements to Foreign Convictions: Myers v. The People Introduction The People v. Victor Craddock Myers (5 Cal.4th 1193, 1993) is a pivotal case decided by the Supreme...

California Supreme Court Rules Against Cumulative Sentence Enhancements for the Same Prior Conviction

Date: Sep 14, 1993

California Supreme Court Rules Against Cumulative Sentence Enhancements for the Same Prior Conviction Introduction In THE PEOPLE v. MONROE JONES (5 Cal.4th 1142, 1993), the Supreme Court of...

Actual Reliance Required for Deceit Claims in Securities Class Actions: Mirkin v. Wasserman

Date: Sep 10, 1993

Actual Reliance Required for Deceit Claims in Securities Class Actions: Mirkin v. Wasserman Introduction In the landmark case of Mirkin et al. v. Wasserman et al. (5 Cal.4th 1082), the Supreme Court...

Affirming Comprehensive Restitution Rights for Crime Victims: Analysis of People v. Broussard

Date: Sep 3, 1993

Affirming Comprehensive Restitution Rights for Crime Victims: Analysis of People v. Broussard Introduction In the landmark case People v. Marc Edward Broussard (5 Cal.4th 1067, 1993), the Supreme...

Affirmation of Conviction in People v. Richard Clark: Upholding Third-Party Consent and Miranda Compliance in Capital Cases

Date: Aug 31, 1993

Affirmation of Conviction in People v. Richard Clark: Upholding Third-Party Consent and Miranda Compliance in Capital Cases Introduction People v. Richard Dean Clark, 5 Cal.4th 950 (1993), is a...

Bay Cities Paving Grading, Inc. v. Lawyers' Mutual Insurance Co.: Defining "Claim" in Professional Liability Policies

Date: Aug 13, 1993

Bay Cities Paving Grading, Inc. v. Lawyers' Mutual Insurance Co.: Defining "Claim" in Professional Liability Policies Introduction In the landmark case of Bay Cities Paving Grading, Inc. v. Lawyers'...

Affirmation of Death Sentence in PEOPLE v. MONTIEL: Implications for Capital Sentencing in California

Date: Aug 13, 1993

Affirmation of Death Sentence in PEOPLE v. MONTIEL: Implications for Capital Sentencing in California Introduction People v. Richard Galvan Montiel is a pivotal case decided by the Supreme Court of...

Establishing 'Fundamental Miscarriage of Justice' in Habeas Corpus Petitions: Analysis of In re William John Clark

Date: Jul 30, 1993

Establishing 'Fundamental Miscarriage of Justice' in Habeas Corpus Petitions: Analysis of In re William John Clark Introduction In the landmark case In re William John Clark (5 Cal.4th 750), the...

Establishing the 'Excess of Jurisdiction' Exception in Habeas Corpus Petitions: An In-Depth Analysis of In re Charles Harris (5 Cal.4th 813)

Date: Jul 30, 1993

Establishing the 'Excess of Jurisdiction' Exception in Habeas Corpus Petitions Analyzing In re Charles Harris (5 Cal.4th 813) Introduction In the landmark case of In re Charles Harris (5 Cal.4th 813,...

Enhanced Discovery Rights in Marriage Dissolution: Insights from Schnabel v. Superior Court of Orange County

Date: Jul 23, 1993

Enhanced Discovery Rights in Marriage Dissolution: Insights from Schnabel v. Superior Court of Orange County Introduction The dissolution of marriage often involves intricate financial disclosures,...

Peculiar Risk Doctrine Limited by Workers' Compensation: Insights from Privette v. Superior Court

Date: Jul 20, 1993

Peculiar Risk Doctrine Limited by Workers' Compensation: Insights from Privette v. Superior Court Introduction The Supreme Court of California, in the landmark case of Franklin Privette v. Superior...

Affirmation of Procedural Safeguards and Intent Requirement in Felony-Murder Cases: People v. Wader

Date: Jul 9, 1993

Affirmation of Procedural Safeguards and Intent Requirement in Felony-Murder Cases: People v. Wader Introduction In the landmark case of People v. Michael Joseph Wader (1993), the Supreme Court of...

People v. Romero Saunders: Establishing New Precedent on Double Jeopardy and Prior Convictions

Date: Jul 2, 1993

People v. Romero Saunders: Establishing New Precedent on Double Jeopardy and Prior Convictions Introduction In People v. Romero Saunders (5 Cal.4th 580), the Supreme Court of California addressed a...