California Case Commentaries

Supreme Court Affirms Constitutionality of Per Se DUI Standards under Vehicle Code Section 23152(b)

Date: Dec 23, 1983

Supreme Court Affirms Constitutionality of Per Se DUI Standards under Vehicle Code Section 23152(b) Introduction In the landmark case Richard Joseph Burg v. The Municipal Court for the Santa Clara...

Intent Requirement Affirmed in Felony Murder Special Circumstances under California's 1978 Death Penalty Initiative

Date: Dec 13, 1983

Intent Requirement Affirmed in Felony Murder Special Circumstances under California's 1978 Death Penalty Initiative Introduction In the case of Celestino Mark Carlos v. The Superior Court of Los...

Systematic Exclusion of Black Jurors: The People v. Miguel Hall (1983)

Date: Dec 13, 1983

Systematic Exclusion of Black Jurors: The People v. Miguel Hall (1983) Introduction The People v. Miguel Hall is a landmark 1983 decision by the Supreme Court of California that addresses the...

Establishing Reasonable Suspicion: The People v. Allan Dale Loewen

Date: Dec 9, 1983

Establishing Reasonable Suspicion: The People v. Allan Dale Loewen Introduction The People v. Allan Dale Loewen (35 Cal.3d 117) is a pivotal case adjudicated by the Supreme Court of California on...

Balancing Public and Private Harms in Preliminary Injunctions: IT Corp. v. County of Imperial

Date: Nov 26, 1983

Balancing Public and Private Harms in Preliminary Injunctions: IT Corp. v. County of Imperial Introduction IT Corporation v. County of Imperial (35 Cal.3d 63) is a landmark case adjudicated by the...

Right to Self-Representation in Capital Cases: Analysis of People v. Mariney Joseph

Date: Nov 11, 1983

Right to Self-Representation in Capital Cases: Analysis of People v. Mariney Joseph Introduction People v. Mariney Joseph, 34 Cal.3d 936 (1983), is a landmark decision by the Supreme Court of...

Ensuring Fair Sentencing: The Importance of Proper Jury Instructions in Death Penalty Cases

Date: Nov 8, 1983

Ensuring Fair Sentencing: The Importance of Proper Jury Instructions in Death Penalty Cases Introduction In the landmark case of The People, Plaintiff and Respondent, v. Elbert Lee Easley, Defendant...

Enhanced Fourth Amendment Protections in Airport Searches: Clerow Wilson v. Superior Court of Los Angeles County

Date: Oct 21, 1983

Enhanced Fourth Amendment Protections in Airport Searches: Clerow Wilson v. Superior Court of Los Angeles County Introduction In the landmark case of Clerow Wilson v. Superior Court of Los Angeles...

Rejection of the "Accelerated Booking Search" Exception: Comprehensive Analysis of THE PEOPLE v. RAYMOND LAIWA III

Date: Oct 7, 1983

Rejection of the "Accelerated Booking Search" Exception: Comprehensive Analysis of THE PEOPLE v. RAYMOND LAIWA III Introduction THE PEOPLE v. RAYMOND LAIWA III, decided by the Supreme Court of...

Enhancing Procedural Dismissal: Insights from Wilson v. Sunshine Meat and Liquor Company

Date: Sep 9, 1983

Enhancing Procedural Dismissal: Insights from Wilson v. Sunshine Meat and Liquor Company Introduction The Supreme Court of California's decision in David W. Wilson v. Sunshine Meat and Liquor...

Establishing the Duty of Effective Assistance of Counsel: People v. McKenzie

Date: Sep 9, 1983

Establishing the Duty of Effective Assistance of Counsel: People v. McKenzie Introduction People v. Elliot Cornace McKenzie (34 Cal.3d 616), decided by the Supreme Court of California on September 8,...

Balancing the Felony-Murder Rule and Constitutional Protections: California Supreme Court's Landmark Decision in The People v. Dillon

Date: Sep 2, 1983

Balancing the Felony-Murder Rule and Constitutional Protections: California Supreme Court's Landmark Decision in The People v. Dillon Introduction The People v. Norman Jay Dillon is a seminal case...

Reinforcing Psychotherapist Privilege and Confrontation Rights in Child Abuse Litigation: People v. Stritzinger

Date: Sep 2, 1983

Reinforcing Psychotherapist Privilege and Confrontation Rights in Child Abuse Litigation: People v. Stritzinger Introduction People v. Carl William Stritzinger is a landmark decision by the Supreme...

Mandatory Exhaustion of Administrative Remedies and the Reasonableness of Appeal Fees: Insights from SEA AND SAGE Audubon Society v. City of Anaheim

Date: Aug 30, 1983

Mandatory Exhaustion of Administrative Remedies and the Reasonableness of Appeal Fees: Insights from SEA AND SAGE Audubon Society v. City of Anaheim Introduction The case of SEA AND SAGE Audubon...

Sentencing Discretion under Penal Code Section 667.6(c): Insights from The People v. Belmontes

Date: Aug 19, 1983

Sentencing Discretion under Penal Code Section 667.6(c): Insights from The People v. Belmontes Introduction The People v. Belmontes (34 Cal.3d 335), adjudicated by the Supreme Court of California on...

Enforcement of Fundamental Rights and Attorney Fee Awards: Insights from Bill Press v. Lucky Stores

Date: Aug 19, 1983

Enforcement of Fundamental Rights and Attorney Fee Awards: Insights from Bill Press v. Lucky Stores Introduction Bill Press et al., Plaintiffs and Appellants v. Lucky Stores, Inc., Defendant and...

Standards for 'Package-Deal' Plea Bargains: Insights from In re David Ibarra

Date: Aug 9, 1983

Standards for 'Package-Deal' Plea Bargains: Insights from In re David Ibarra on Habeas Corpus Introduction In re David Ibarra on Habeas Corpus, 34 Cal.3d 277 (1983), is a landmark decision by the...

Limited Retroactivity of Proposition 8 in California Criminal Proceedings: An Analysis of The People v. Kevin Leroy Smith

Date: Aug 9, 1983

Limited Retroactivity of Proposition 8 in California Criminal Proceedings: An Analysis of The People v. Kevin Leroy Smith Introduction The People v. Kevin Leroy Smith (34 Cal.3d 251, 1983) is a...

Reimbursement for Self-Procured Medical Treatment in Workers' Compensation: Braewood Convalescent Hospital v. Workers' Compensation Appeals Board

Date: Jul 29, 1983

Reimbursement for Self-Procured Medical Treatment in Workers' Compensation: Braewood Convalescent Hospital v. Workers' Compensation Appeals Board Introduction Braewood Convalescent Hospital et al.,...

Conflict of Interest and Recusal Standards in Prosecution: The People v. James Edward Conner

Date: Jul 22, 1983

Conflict of Interest and Recusal Standards in Prosecution: The People v. James Edward Conner Introduction The People v. James Edward Conner (34 Cal.3d 141, Supreme Court of California, 1983) is a...

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