California Case Commentaries

Defining Insurer’s Duty to Defend in Mixed Allegations of Sexual and Non-Sexual Misconduct: Horace Mann Insurance Co. v. Barbara B.

Date: Mar 12, 1993

Defining Insurer’s Duty to Defend in Mixed Allegations of Sexual and Non-Sexual Misconduct: Horace Mann Insurance Co. v. Barbara B. Introduction The case of Horace Mann Insurance Company v. Barbara...

Affirmation of Death Sentence: Upholding Faretta Rights and Judicial Discretion in People v. Stansbury

Date: Mar 9, 1993

Affirmation of Death Sentence: Upholding Faretta Rights and Judicial Discretion in People v. Stansbury Introduction People v. Robert Edward Stansbury (4 Cal.4th 1017, 1993) is a landmark decision by...

Admissibility of Multiple Hearsay and Prosecutorial Conduct in Capital Cases: Analysis of People v. Zapien

Date: Mar 5, 1993

Admissibility of Multiple Hearsay and Prosecutorial Conduct in Capital Cases: Analysis of People v. Zapien Introduction People v. Conrad Jess Zapien, 4 Cal.4th 929 (1993), adjudicated by the Supreme...

State Law Does Not Preempt Local Retail Display Regulations of Aerosol Paint – Sherwin-Williams v. City of Los Angeles

Date: Feb 5, 1993

State Law Does Not Preempt Local Retail Display Regulations of Aerosol Paint – Sherwin-Williams v. City of Los Angeles Introduction The case of Sherwin-Williams Company et al. v. City of Los Angeles,...

Limitation on Res Ipsa Loquitur in Public Entity Liability: Brown v. Poway Unified School District

Date: Jan 22, 1993

Limitation on Res Ipsa Loquitur in Public Entity Liability: Brown v. Poway Unified School District Introduction In the landmark case Francis Brown v. Poway Unified School District (4 Cal.4th 820),...

Educational Equality and Separation of Powers: A Commentary on Thomas K. Butt v. State of California

Date: Jan 1, 1993

Educational Equality and Separation of Powers: A Commentary on Thomas K. Butt v. State of California Introduction The landmark case of Thomas K. Butt et al. v. The State of California et al., decided...

Affirmation of Rodney Alcala's Conviction and Death Sentence: Legal Standards on Hypnotized Witnesses and Prior Bad Acts

Date: Jan 1, 1993

Affirmation of Rodney Alcala's Conviction and Death Sentence: Legal Standards on Hypnotized Witnesses and Prior Bad Acts Introduction In the landmark case of The People v. Rodney James Alcala (4...

Affirmation of Death Sentence in Proctor v. People: Implications for Capital Punishment and Venue Management

Date: Dec 29, 1992

Affirmation of Death Sentence in Proctor v. People: Implications for Capital Punishment and Venue Management Introduction Proctor v. People (4 Cal.4th 499) is a landmark decision by the Supreme Court...

Tuilaepa v. The People: Upholding Standards for Death Penalty Sentencing and Admissibility of Aggravating Factors

Date: Dec 29, 1992

Tuilaepa v. The People: Upholding Standards for Death Penalty Sentencing and Admissibility of Aggravating Factors Introduction The case of The People v. Paul Palalaua Tuilaepa, 4 Cal.4th 569 (1992),...

People v. Noguera: Upholding a Capital Murder Conviction Amid Evidentiary Challenges

Date: Dec 29, 1992

People v. Noguera: Upholding a Capital Murder Conviction Amid Evidentiary Challenges Introduction In People v. Noguera (4 Cal.4th 599, 1992), the Supreme Court of California affirmed the conviction...

Temporary Courtroom Closures During Closing Arguments Do Not Infringe Public Trial Rights: Insights from People v. Woodward

Date: Dec 22, 1992

Temporary Courtroom Closures During Closing Arguments Do Not Infringe Public Trial Rights: Insights from People v. Woodward Introduction In the landmark case People v. Johnie Monroe Woodward, 4...

Retention of Sentencing Jurisdiction Prior to Execution: THE PEOPLE v. KARAMAN

Date: Dec 22, 1992

Retention of Sentencing Jurisdiction Prior to Execution: THE PEOPLE v. KARAMAN Introduction In The People v. Nabil Karaman (4 Cal.4th 335, 1992-12-21), the Supreme Court of California addressed a...

Refining the Mayberry Instruction: Insights from The People v. Wash Jones Williams

Date: Dec 22, 1992

Refining the Mayberry Instruction: Insights from The People v. Wash Jones Williams Introduction The People v. Wash Jones Williams, 4 Cal.4th 354 (1992), adjudicated by the Supreme Court of...

Hearsay Limitations on Misdemeanor Convictions for Impeachment Post Proposition 8

Date: Dec 18, 1992

Hearsay Limitations on Misdemeanor Convictions for Impeachment Post Proposition 8 Introduction The landmark decision in The People v. Jennifer Wheeler, 4 Cal.4th 284 (1992) addresses significant...

Reasonable Work Regimen as Basis for Earning Capacity in Support Determinations

Date: Dec 18, 1992

Reasonable Work Regimen as Basis for Earning Capacity in Support Determinations Introduction The case of In re the Marriage of Richard O. and Barbara J. Simpson (4 Cal.4th 225, 1992) addresses a...

Rowland v. The People: Reaffirming Standards for Admissibility of Prior Felonies and Hearsay Exceptions in Capital Cases

Date: Dec 18, 1992

Rowland v. The People: Reaffirming Standards for Admissibility of Prior Felonies and Hearsay Exceptions in Capital Cases Introduction Rowland v. The People (4 Cal.4th 238, 1992) is a pivotal decision...

Limitation of Judicial Discretion in Striking Firearm Use Enhancements: Analysis of People v. Derrick Leon Thomas

Date: Dec 15, 1992

Limitation of Judicial Discretion in Striking Firearm Use Enhancements: Analysis of People v. Derrick Leon Thomas Introduction People v. Derrick Leon Thomas is a landmark case decided by the Supreme...

Separation of Religion and Law: Prosecutorial Misconduct in Capital Sentencing - People v. Sandoval

Date: Dec 15, 1992

Separation of Religion and Law: Prosecutorial Misconduct in Capital Sentencing - People v. Sandoval Introduction People v. Sandoval (4 Cal.4th 155), decided by the Supreme Court of California on...

Reaffirmation of the Prison-Delivery Rule in California Appellate Procedures

Date: Dec 8, 1992

Reaffirmation of the Prison-Delivery Rule in California Appellate Procedures Introduction In the landmark case In re Gary Walter Jordan on Habeas Corpus (4 Cal.4th 116), decided by the Supreme Court...

Single County Arraignment Sufficiency in Multi-Jurisdictional Charges: Insights from Charles C. Ng v. Superior Court of San Francisco

Date: Dec 4, 1992

Single County Arraignment Sufficiency in Multi-Jurisdictional Charges: Insights from Charles C. Ng v. Superior Court of San Francisco Introduction Charles C. Ng v. Superior Court of the City and...