California Case Commentaries

Defining 'Other Officers' under the National Bank Act: Implications for State Law Preemption in Wrongful Termination Claims

Date: Jun 28, 1991

Defining 'Other Officers' under the National Bank Act: Implications for State Law Preemption in Wrongful Termination Claims Introduction In the landmark case of Wells Fargo Bank, Petitioner, v. The...

No Duty of Care for Lenders in Property Appraisals: Analysis of Nymark v. Heart Federal Savings Loan Association

Date: Jun 28, 1991

No Duty of Care for Lenders in Property Appraisals: Analysis of Nymark v. Heart Federal Savings Loan Association Introduction The case of Hans S. Nymark v. Heart Federal Savings Loan Association (231...

State of the Art Evidence Admissible in Strict Liability Failure-to-Warn Cases: Carl Anderson v. Owens-Corning Fiberglas Corporation

Date: May 31, 1991

State of the Art Evidence Admissible in Strict Liability Failure-to-Warn Cases: Carl Anderson v. Owens-Corning Fiberglas Corporation Introduction Carl Anderson v. Owens-Corning Fiberglas Corporation...

Defining Standards for Ineffective Assistance of Counsel and Jury Instructions in Felony Murder Cases: Analysis of People v. Duncan (1991)

Date: May 24, 1991

Defining Standards for Ineffective Assistance of Counsel and Jury Instructions in Felony Murder Cases: Analysis of People v. Duncan (1991) Introduction People v. Henry Earl Duncan is a landmark...

The People v. Cooper: Clarifying the Invited Error Doctrine and Change of Venue in Capital Cases

Date: May 7, 1991

The People v. Cooper: Clarifying the Invited Error Doctrine and Change of Venue in Capital Cases Introduction The People v. Kevin Cooper is a landmark decision by the Supreme Court of California,...

Strict Interpretation of "Drive" in California's Implied Consent DUI Statute

Date: May 7, 1991

Strict Interpretation of "Drive" in California's Implied Consent DUI Statute Introduction The case of Barrie Gray Mercer v. Department of Motor Vehicles (53 Cal.3d 753, 1991) serves as a pivotal...

Affirmation of Death Penalty in PEOPLE v. FRIERSON: A Comprehensive Commentary

Date: May 3, 1991

Affirmation of Death Penalty in PEOPLE v. FRIERSON: A Comprehensive Commentary Introduction People v. Lavell Frierson is a landmark decision by the Supreme Court of California delivered on May 2,...

Establishing Standards on Jury Conduct and Effective Counsel: A Comprehensive Commentary on People v. Tiequon Aundray Cox (1991)

Date: May 3, 1991

Establishing Standards on Jury Conduct and Effective Counsel: A Comprehensive Commentary on People v. Tiequon Aundray Cox (1991) Introduction In the landmark case of The People, Plaintiff and...

Psychotherapist-Patient Privilege and Capital Sentencing: Analyzing People v. Wharton

Date: Apr 30, 1991

Psychotherapist-Patient Privilege and Capital Sentencing: Analyzing People v. Wharton (53 Cal.3d 522) Introduction People v. George Herbert Wharton is a landmark decision by the Supreme Court of...

Dix v. Superior Court: Clarifying Victim Standing and Expanding Scope of Penal Code Section 1170(d)

Date: Apr 19, 1991

Dix v. Superior Court: Clarifying Victim Standing and Expanding Scope of Penal Code Section 1170(d) Introduction Dix v. Superior Court of Humboldt County, 53 Cal.3d 442 (1991), is a landmark case...

Defendant Can Stipulate to Prior Felony under Penal Code §666

Date: Apr 19, 1991

Defendant Can Stipulate to Prior Felony under Penal Code §666 Introduction The case The People v. Robert Bouzas (53 Cal.3d 467) addressed a pivotal issue in California criminal law: whether a...

Notice Requirements for Default Judgments in Personal Injury Actions: Schwab v. Rondel Homes Establishes Strict Adherence to CCP §§425.10 & 425.11

Date: Apr 16, 1991

Notice Requirements for Default Judgments in Personal Injury Actions: Schwab v. Rondel Homes Establishes Strict Adherence to CCP §§425.10 & 425.11 Introduction Schwab et al. v. Rondel Homes, Inc., 53...

Establishing Corpus Delicti in Capital Cases: People v. Jennings

Date: Apr 12, 1991

Establishing Corpus Delicti in Capital Cases: People v. Jennings Introduction Case: The People, Plaintiff and Respondent, v. Wilbur Jennings, Defendant and Appellant. Court: Supreme Court of...

Tolling of Statute of Limitations Under MICRA: Analysis of VARETTA WOODS v. WILLIAM YOUNG et al.

Date: Apr 5, 1991

Tolling of Statute of Limitations Under MICRA: Analysis of VARETTA WOODS v. WILLIAM YOUNG et al. Introduction The case of Varetta Woods v. William Young et al. (53 Cal.3d 315) adjudicated by the...

Supreme Court of California Clarifies Jurisdictional Transfer under CCP §396

Date: Apr 2, 1991

Supreme Court of California Clarifies Jurisdictional Transfer under CCP §396 Introduction The Supreme Court of California in Michael Walker and Charline White v. The Superior Court of Los Angeles...

Prospectivity of Proposition 115’s Provisions in Criminal Prosecutions

Date: Apr 2, 1991

Prospectivity of Proposition 115’s Provisions in Criminal Prosecutions Introduction In the landmark case of Robert Alan Tapia v. The Superior Court of Tulare County (1991), the Supreme Court of...

Government Code §818 Does Not Exempt State-Operated Long-Term Care Facilities from Statutory Civil Penalties: Kizer v. County of San Mateo

Date: Mar 29, 1991

Government Code §818 Does Not Exempt State-Operated Long-Term Care Facilities from Statutory Civil Penalties: Kizer v. County of San Mateo Introduction In Kenneth W. Kizer, as Director, etc.,...

Upholding the Death Penalty: Comprehensive Commentary on People v. Bruce Wayne Morris

Date: Mar 29, 1991

Upholding the Death Penalty: Comprehensive Commentary on People v. Bruce Wayne Morris Introduction People v. Bruce Wayne Morris, 53 Cal.3d 152 (1991), adjudicated by the Supreme Court of California...

Limits on Special Circumstances: Supreme Court of California Affirms Death Penalty with Adjusted Findings in People v. Beardslee

Date: Mar 26, 1991

Limits on Special Circumstances: Supreme Court of California Affirms Death Penalty with Adjusted Findings in People v. Beardslee Introduction In People v. Beardslee (53 Cal.3d 68, 1991), the Supreme...

Establishing Murder in the Course of Kidnapping: Insights from People v. Pensinger

Date: Mar 1, 1991

Establishing Murder in the Course of Kidnapping: Insights from People v. Pensinger Introduction Case Citation: In re Brett Patrick Pensinger on Habeas Corpus, 52 Cal.3d 1210 (1991) This landmark case...

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