California Case Commentaries

Severability of Unconstitutional Clauses in California's Proposition 103: A Detailed Judicial Analysis

Date: May 5, 1989

Severability of Unconstitutional Clauses in California's Proposition 103: A Detailed Judicial Analysis Introduction The case of CalFarm Insurance Company et al. v. George Deukmejian, as Governor,...

Reaffirmation of Jury's Express Degree Finding Under Penal Code § 1157

Date: May 2, 1989

Reaffirmation of Jury's Express Degree Finding Under Penal Code § 1157 Introduction In the landmark case of The People v. Louis Lujan Bonillas, the Supreme Court of California addressed a critical...

Public-Interest Privilege Not Available for News Media in Defamation Cases Against Private Individuals: Shirley Brown v. Kelly Broadcasting Co.

Date: Apr 28, 1989

Public-Interest Privilege Not Available for News Media in Defamation Cases Against Private Individuals Introduction In the landmark case of Shirley Brown v. Kelly Broadcasting Company et al. (48...

Establishing Strict Criteria for Negligent Infliction of Emotional Distress Claims: Maria E. Thing v. James V. La Chusa

Date: Apr 28, 1989

Establishing Strict Criteria for Negligent Infliction of Emotional Distress Claims: Maria E. Thing v. James V. La Chusa Introduction The landmark case Maria E. Thing v. James V. La Chusa (48 Cal.3d...

Severance of Jointly Charged Rape Counts: Burden of Proof on Defendant to Demonstrate Prejudice

Date: Apr 21, 1989

Severance of Jointly Charged Rape Counts: Burden of Proof on Defendant to Demonstrate Prejudice Introduction In the landmark case of Kenneth Frank v. The Superior Court of Kern County (48 Cal.3d 632,...

Negligent Infliction of Emotional Distress in Familial Therapeutic Settings: Analysis of MARLENE F. et al. v. Affiliated PsychiatricMedical Clinic, Inc.

Date: Apr 11, 1989

Negligent Infliction of Emotional Distress in Familial Therapeutic Settings: Analysis of MARLENE F. et al. v. Affiliated PsychiatricMedical Clinic, Inc. Introduction The landmark case of Marlene F....

Ensuring Jury Representation: A Comprehensive Analysis of The People v. Michael Angelo Morales

Date: Apr 7, 1989

Ensuring Jury Representation: A Comprehensive Analysis of The People v. Michael Angelo Morales Introduction The People v. Michael Angelo Morales (48 Cal.3d 527, 1989) is a landmark judgment from the...

Strict Causation Standard for Presentence Custody Credits in Concurrent Sentencing: In re Eric W. Joyner

Date: Apr 4, 1989

Strict Causation Standard for Presentence Custody Credits in Concurrent Sentencing: In re Eric W. Joyner Introduction The case of In re Eric W. Joyner addressed critical issues surrounding the...

Respondeat Superior Doctrine Not Applicable in Teacher-Student Abuse Case

Date: Mar 31, 1989

Respondeat Superior Doctrine Not Applicable in Teacher-Student Abuse Case Introduction In John R., et al. v. Oakland Unified School District (48 Cal.3d 438, 1989), the Supreme Court of California...

State Farm Fire & Casualty Co. v. Garvey: Clarifying Coverage Under "All Risk" Homeowner's Insurance Policies

Date: Mar 31, 1989

State Farm Fire & Casualty Co. v. Garvey: Clarifying Coverage Under "All Risk" Homeowner's Insurance Policies Introduction In the landmark case of State Farm Fire & Casualty Company v. Jack I. Garvey...

Establishing the Borello Test: S.G. Borello Sons, Inc. v. Department of Industrial Relations

Date: Mar 24, 1989

Establishing the Borello Test: S.G. Borello Sons, Inc. v. Department of Industrial Relations Introduction S.G. Borello Sons, Inc. v. Department of Industrial Relations (48 Cal.3d 341, 1989) is a...

Affirmation of Multiple Convictions for Sequential Sexual Penetrations under Penal Code §289(a) and §654

Date: Mar 21, 1989

Affirmation of Multiple Convictions for Sequential Sexual Penetrations under Penal Code §289(a) and §654 Introduction The case of The People v. Daryl Harrison, 48 Cal.3d 321 (1989), addressed pivotal...

People v. Boyer: Strengthening Fourth Amendment and Miranda Protections

Date: Mar 14, 1989

People v. Boyer: Strengthening Fourth Amendment and Miranda Protections Introduction People v. Richard Delmer Boyer, 48 Cal.3d 247 (1989), is a landmark case in California’s legal landscape that...

Defining the Boundaries of Special Circumstances in Death Penalty Sentencing: Analysis of People v. Coleman, 48 Cal.3d 112

Date: Mar 3, 1989

Defining the Boundaries of Special Circumstances in Death Penalty Sentencing: Analysis of People v. Coleman, 48 Cal.3d 112 Introduction The case of The People v. Calvin Coleman, Jr., decided by the...

Affirmation of Death Penalty in PEOPLE v. ROBERTSON: Jurisdiction, Jury Waiver, and Admissibility of Prior Criminal Activity

Date: Feb 24, 1989

Affirmation of Death Penalty in PEOPLE v. ROBERTSON: Jurisdiction, Jury Waiver, and Admissibility of Prior Criminal Activity Introduction People v. Andrew Edward Robertson (48 Cal.3d 18) is a...

Examination of Jury Selection and Peremptory Challenges in People v. James Willis Johnson

Date: Feb 24, 1989

Examination of Jury Selection and Peremptory Challenges in People v. James Willis Johnson Introduction People v. James Willis Johnson (47 Cal.3d 1194, 1989) is a seminal case decided by the Supreme...

PEOPLE v. HARRIS: Upholding Dual Jury Procedure in Capital Murder Conviction

Date: Feb 15, 1989

PEOPLE v. HARRIS: Upholding Dual Jury Procedure in Capital Murder Conviction Introduction In PEOPLE v. HARRIS (47 Cal.3d 1047, 1989), the Supreme Court of California addressed a complex criminal case...

Implied Consent in Jury Consideration of Lesser Related Offenses: People v. Magdaleno Toro

Date: Jan 31, 1989

Implied Consent in Jury Consideration of Lesser Related Offenses: People v. Magdaleno Toro Introduction Case: The People, Plaintiff and Respondent, v. Magdaleno Toro, Defendant and Appellant. Court:...

Ensuring Proper Jury Guidance in Death Penalty Sentencing: Analyzing The People v. Peter Edelbacher

Date: Jan 24, 1989

Ensuring Proper Jury Guidance in Death Penalty Sentencing: Analyzing The People v. Peter Edelbacher Introduction The case of The People v. Peter Edelbacher, adjudicated by the Supreme Court of...

Ensuring Jury's Sole Responsibility in Death Penalty Sentencing: People v. Farmer

Date: Jan 13, 1989

Ensuring Jury's Sole Responsibility in Death Penalty Sentencing: People v. Farmer Introduction People v. Lee Perry Farmer, Jr. (47 Cal.3d 888) is a landmark decision by the Supreme Court of...