California Case Commentaries

Brandishing Firearm as Sufficient Act for Implied Malice in Second-Degree Murder: People v. Benitez

Date: Dec 4, 1992

Brandishing Firearm as Sufficient Act for Implied Malice in Second-Degree Murder: People v. Benitez (4 Cal.4th 91) Introduction People v. Martin Nieto Benitez, decided by the Supreme Court of...

Strict Enforcement of Evidentiary and Procedural Rules in Capital Murder Cases: People v. Anderson Hawthorne, Jr. (1992)

Date: Dec 4, 1992

Strict Enforcement of Evidentiary and Procedural Rules in Capital Murder Cases: People v. Anderson Hawthorne, Jr. (1992) Introduction In the landmark case of The People v. Anderson Hawthorne, Jr.,...

Mandatory AIDS Testing for Sex Offenders Does Not Violate Ex Post Facto Clause

Date: Dec 4, 1992

Mandatory AIDS Testing for Sex Offenders Does Not Violate Ex Post Facto Clause Introduction The People, Plaintiff and Respondent, v. Thomas Scarth McVickers, Defendant and Appellant (4 Cal.4th 81) is...

Affirmation of Death Penalty Sentencing Procedures and Eyewitness Identification Reliability in PEOPLE v. JOHNSON (1992)

Date: Dec 1, 1992

Affirmation of Death Penalty Sentencing Procedures and Eyewitness Identification Reliability in PEOPLE v. JOHNSON (1992) Introduction People v. Willie Darnell Johnson (3 Cal.4th 1183, 1992) is a...

Probable Cause Confirmed as Standard for Grand Jury Indictments under Penal Code Section 939.8

Date: Nov 24, 1992

Probable Cause Confirmed as Standard for Grand Jury Indictments under Penal Code Section 939.8 Introduction In the landmark case of Michelle Cummiskey v. The Superior Court of Sacramento County, et...

Affirming Voluntary and Valid Waiver of Jury Trials in Capital Cases: People v. Wrest

Date: Nov 24, 1992

Affirming Voluntary and Valid Waiver of Jury Trials in Capital Cases: People v. Wrest Introduction People v. Theodore John Wrest, 3 Cal.4th 1088 (1992), is a landmark decision by the Supreme Court of...

Affirmation of Death Sentence and Upholding Evidentiary Safeguards: People v. Michael Hill

Date: Nov 20, 1992

Affirmation of Death Sentence and Upholding Evidentiary Safeguards: People v. Michael Hill Introduction People v. Michael Hill is a notable decision by the Supreme Court of California dated November...

Establishing Precedent on Ineffective Assistance of Counsel: In re Robert Paul Wilson

Date: Nov 13, 1992

Establishing Precedent on Ineffective Assistance of Counsel: In re Robert Paul Wilson Introduction In re Robert Paul Wilson (3 Cal.4th 945) is a landmark decision by the Supreme Court of California...

Establishing the Boundaries of Effective Counsel in Admissibility of Evidence: People v. Wilson

Date: Nov 13, 1992

Establishing the Boundaries of Effective Counsel in Admissibility of Evidence: People v. Wilson Introduction People v. Robert Paul Wilson is a landmark decision by the Supreme Court of California...

California Supreme Court Validates Limited Voter Jurisdiction in Municipal Incorporation Elections under Government Code §57103

Date: Nov 10, 1992

California Supreme Court Validates Limited Voter Jurisdiction in Municipal Incorporation Elections under Government Code §57103 Introduction In Board of Supervisors of Sacramento County et al. v....

California Supreme Court Abolishes 'Sole Possible Ground' Exception, Upholds Strict Law of the Case Doctrine for Summary Writ Denials

Date: Nov 6, 1992

California Supreme Court Abolishes 'Sole Possible Ground' Exception, Upholds Strict Law of the Case Doctrine for Summary Writ Denials Introduction The case of Keenan Kowis v. Thornton M. Howard et...

Reaffirming Capital Sentencing Protocols: In-Depth Analysis of People v. Espinoza

Date: Oct 27, 1992

Reaffirming Capital Sentencing Protocols: In-Depth Analysis of People v. Espinoza Introduction People v. Espinoza (3 Cal.4th 806, 1992) is a landmark decision by the Supreme Court of California that...

Commerce Clause Violation in California's Vehicle Taxation Policy: Woosley v. State of California

Date: Oct 27, 1992

Commerce Clause Violation in California's Vehicle Taxation Policy: Woosley v. State of California Introduction Woosley v. The State of California is a landmark decision by the Supreme Court of...

Defining "Great Bodily Injury" in Felony Offenses: Insights from People v. Escobar

Date: Oct 23, 1992

Defining "Great Bodily Injury" in Felony Offenses: Insights from People v. Escobar Introduction People v. Escobar (3 Cal.4th 740, 1992) is a pivotal case in California jurisprudence that addresses...

Affirmation of Conviction and Death Sentence in People v. Danielson: An In-Depth Analysis

Date: Oct 23, 1992

Affirmation of Conviction and Death Sentence in People v. Danielson: An In-Depth Analysis Introduction In the landmark case of The People v. Robert Wayne Danielson (3 Cal.4th 691, 1992), the Supreme...

Nedlloyd Lines B.V. v. Superior Court of San Mateo County: Enforcing Choice-of-Law Clauses in International Commercial Contracts

Date: Sep 1, 1992

Nedlloyd Lines B.V. v. Superior Court of San Mateo County Enforcing Choice-of-Law Clauses in International Commercial Contracts Introduction The case of Nedlloyd Lines B.V. et al. v. The Superior...

In re Earl Lloyd Jackson: Evaluating the Prejudicial Impact of Prosecution's Non-Disclosure of Informant Inducements in Capital Sentencing

Date: Sep 1, 1992

In re Earl Lloyd Jackson: Evaluating the Prejudicial Impact of Prosecution's Non-Disclosure of Informant Inducements in Capital Sentencing Introduction The case of In re Earl Lloyd Jackson on Habeas...

Diaz v. The People: Affirmation of Death Sentence and Clarification on Special Circumstances in Multiple-Murder Cases

Date: Sep 1, 1992

Diaz v. The People: Affirmation of Death Sentence and Clarification on Special Circumstances in Multiple-Murder Cases Introduction In The People v. Robert Rubane Diaz (3 Cal.4th 495), the Supreme...

Auditor Liability Limited to Clients: Comprehensive Analysis of Bily v. Arthur Young

Date: Aug 28, 1992

Auditor Liability Limited to Clients: Comprehensive Analysis of Bily v. Arthur Young 1. Introduction Bily v. Arthur Young is a seminal case decided by the Supreme Court of California on August 27,...

Primary Assumption of Risk Affirmed as Complete Defense in Comparative Fault Context

Date: Aug 25, 1992

Primary Assumption of Risk Affirmed as Complete Defense in Comparative Fault Context Introduction The case of Kendra Knight v. Michael Jewett (3 Cal.4th 296) adjudicated by the Supreme Court of...