California Case Commentaries

Effective Assistance of Counsel in Penalty Phase: Insights from In re Gonzalo Marquez Marquez

Date: Jan 24, 1992

Effective Assistance of Counsel in Penalty Phase: Insights from In re Gonzalo Marquez Marquez Introduction The case of In re Gonzalo Marquez Marquez presents a pivotal examination of the right to...

People v. Gonzalo Marquez Marquez: A Landmark Decision on Arrest Procedures and Defendant Rights

Date: Jan 24, 1992

People v. Gonzalo Marquez Marquez: A Landmark Decision on Arrest Procedures and Defendant Rights Introduction In the landmark case of People v. Gonzalo Marquez Marquez (1 Cal.4th 553, 1992), the...

Revisiting Felony-Murder Rule: Insights from The People v. Horace Edwards Kelly

Date: Jan 17, 1992

Revisiting Felony-Murder Rule: Insights from The People v. Horace Edwards Kelly Introduction The People v. Horace Edwards Kelly is a landmark 1992 decision by the Supreme Court of California that...

Affirmation of Trial Court Discretion in Jury Selection and Miranda Waiver in People v. Breaux

Date: Dec 31, 1991

Affirmation of Trial Court Discretion in Jury Selection and Miranda Waiver in People v. Breaux Introduction People v. David Anthony Breaux (1 Cal.4th 281), adjudicated by the Supreme Court of...

Affirmation of Capital Murder Conviction: Territorial Jurisdiction and Organized Gang Conspiracy under Sections 781 and 790

Date: Dec 31, 1991

Affirmation of Capital Murder Conviction: Territorial Jurisdiction and Organized Gang Conspiracy under Sections 781 and 790 Introduction In the case of The People v. Curtis Floyd Price (1 Cal.4th...

Exclusivity of Writ of Mandate for Appellate Review of Unsuccessful Peremptory Challenges under CCP §170.3(d)

Date: Dec 27, 1991

Exclusivity of Writ of Mandate for Appellate Review of Unsuccessful Peremptory Challenges under CCP §170.3(d) Introduction The People v. Alma Mae Hull, 1 Cal.4th 266 (1991), is a landmark decision by...

Comprehensive Commentary on People v. Fierro: Scope of "Circumstances of the Crime" in Capital Sentencing

Date: Dec 27, 1991

Comprehensive Commentary on People v. Fierro: Scope of "Circumstances of the Crime" in Capital Sentencing Introduction People v. Fierro, 1 Cal.4th 173 (1991), is a pivotal decision by the Supreme...

Double Jeopardy Protections Affirmed in PEOPLE v. MARKS

Date: Dec 20, 1991

Double Jeopardy Protections Affirmed in PEOPLE v. MARKS Introduction PEOPLE v. MARKS is a pivotal case where the Supreme Court of California addressed the intersection of the double jeopardy clause...

Abolition of Diminished Capacity: Implications for Voluntary Manslaughter in People v. Saille

Date: Dec 13, 1991

Abolition of Diminished Capacity: Implications for Voluntary Manslaughter in People v. Saille Introduction People v. Saille (54 Cal.3d 1103) is a landmark decision by the Supreme Court of California...

Affirming Probation Modification for Nonwillful Failure to Pay Restitution: Cookson v. The People

Date: Dec 13, 1991

Affirming Probation Modification for Nonwillful Failure to Pay Restitution: Cookson v. The People Introduction In The People v. Cookson (54 Cal.3d 1091, 1991), the Supreme Court of California...

Establishing Dependency Through Parental Substance Abuse and Neglect: Insights from In re Rocco M.

Date: Dec 12, 1991

Establishing Dependency Through Parental Substance Abuse and Neglect: Insights from In re Rocco M. Introduction In re Rocco M., a decision rendered by the Court of Appeal of California, First...

Affirmation of Long-Term Foster Care and Reasonableness of Services: In re Misako R. et al.

Date: Dec 10, 1991

Affirmation of Long-Term Foster Care and Reasonableness of Services: In re Misako R. et al. Introduction The case of In re Misako R. et al., Persons Coming Under the Juvenile Court Law involves a...

Disapproval of BAJI No. 3.75 and Endorsement of BAJI No. 3.76: Shaping Causation in California Negligence Law

Date: Dec 10, 1991

Disapproval of BAJI No. 3.75 and Endorsement of BAJI No. 3.76: Shaping Causation in California Negligence Law Introduction In the landmark case of James Mitchell et al. v. Jose L. Gonzales et al. (54...

Limiting Hearsay Evidence by Non-Investigating Officers at Preliminary Hearings: Insights from Whitman v. Superior Court

Date: Dec 10, 1991

Limiting Hearsay Evidence by Non-Investigating Officers at Preliminary Hearings: Insights from Whitman v. Superior Court Introduction The case of Thomas Paul Whitman v. The Superior Court of Santa...

Affirmation of Death Sentence in Bacigalupo: Exigent Circumstances and Aggravating Factors under California Law

Date: Dec 10, 1991

Affirmation of Death Sentence in Bacigalupo: Exigent Circumstances and Aggravating Factors under California Law Introduction In the landmark case of The People v. Miguel Angel Bacigalupo, 1 Cal.4th...

Gross Negligence in Vehicular Manslaughter: Integrating Intoxication Levels

Date: Dec 6, 1991

Gross Negligence in Vehicular Manslaughter: Integrating Intoxication Levels Introduction The People of California v. John Bennett, Jr. is a pivotal 1991 decision by the Supreme Court of California...

Restitution Fine Adjustments in Plea Bargain Discrepancies: People v. Dexter M. Walker

Date: Dec 6, 1991

Restitution Fine Adjustments in Plea Bargain Discrepancies: People v. Dexter M. Walker Introduction People v. Dexter M. Walker is a seminal decision by the Supreme Court of California, rendered on...

People v. Ashmus: Affirmation of Death Sentence and Clarifications on Jury Selection and Penal Code §190.3

Date: Dec 6, 1991

People v. Ashmus: Affirmation of Death Sentence and Clarifications on Jury Selection and Penal Code §190.3 Introduction People v. Troy Adam Ashmus is a landmark decision by the Supreme Court of...

Expansion of Standing in Emotional Distress Claims in Christensen v. Superior Court

Date: Dec 3, 1991

Expansion of Standing in Emotional Distress Claims in Christensen v. Superior Court Introduction Donald Paul Christensen et al. v. The Superior Court of Los Angeles County et al. (54 Cal.3d 868,...

Jurisdiction of Temporary Judges in Juvenile Cases: Comprehensive Analysis of In re Richard S. (1991)

Date: Dec 3, 1991

Jurisdiction of Temporary Judges in Juvenile Cases: Comprehensive Analysis of In re Richard S. (1991) Introduction In re Richard S., a Person Coming Under the Juvenile Court Law, 54 Cal.3d 857...

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