California Case Commentaries

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...

Establishing "Lying in Wait" as a Special Circumstance in California Death Penalty Cases

Date: Nov 26, 1991

Establishing "Lying in Wait" as a Special Circumstance in California Death Penalty Cases Introduction In the landmark case of People v. Thomas Francis Edwards (54 Cal.3d 787, 1991), the Supreme Court...

Balanced Standards for Forum Non Conveniens in Cross-Border Litigation: Mellet Stangvik v. Shiley Incorporated

Date: Nov 22, 1991

Balanced Standards for Forum Non Conveniens in Cross-Border Litigation Introduction The case of Mellet Stangvik et al. v. Shiley Incorporated et al. (54 Cal.3d 744) adjudicated by the Supreme Court...

Clarification of Coemployee Immunity under California Labor Code Section 3601: John Hendy v. Gary Losse

Date: Nov 19, 1991

Clarification of Coemployee Immunity under California Labor Code Section 3601: John Hendy v. Gary Losse Introduction The case of John Hendy et al. v. Gary Losse et al. (54 Cal.3d 723, 1991) addresses...

Comprehensive Commentary on The People v. Douglas Scott Mickey (54 Cal.3d 612)

Date: Nov 1, 1991

Establishing the Boundaries of Penal Code §190.3: A Detailed Analysis of The People v. Douglas Scott Mickey Introduction The case of The People v. Douglas Scott Mickey (54 Cal.3d 612) presents a...

Fuentes v. The People: Reinforcing the Right to a Representative Jury and Curtailing Racially Motivated Peremptory Challenges

Date: Nov 1, 1991

Fuentes v. The People: Reinforcing the Right to a Representative Jury and Curtailing Racially Motivated Peremptory Challenges Introduction In The People v. Jose Leon Fuentes (54 Cal.3d 707, 1991),...