California Case Commentaries

Admissibility of Psychological Expert Testimony in Eyewitness Identification: People v. McDonald

Date: Nov 22, 1984

Admissibility of Psychological Expert Testimony in Eyewitness Identification: People v. McDonald Introduction People v. Eddie Bobby McDonald (37 Cal.3d 351, Supreme Court of California, 1984)...

Establishing Public Figure Status and Actual Malice in Defamation Law: Reader's Digest Assn. v. Superior Court of Marin County

Date: Nov 20, 1984

Establishing Public Figure Status and Actual Malice in Defamation Law: Reader's Digest Association, Inc. v. Superior Court of Marin County Introduction The case of Reader's Digest Association, Inc.,...

Clarifying the Application of Penal Code §1157 in Murder Convictions: People v. Avalos

Date: Nov 9, 1984

Clarifying the Application of Penal Code §1157 in Murder Convictions: People v. Avalos Introduction People v. Arturo Manuel Avalos is a pivotal case decided by the Supreme Court of California on...

Establishing Due Process in Sentencing Instructions: The Invalidity of the Briggs Instruction

Date: Nov 2, 1984

Establishing Due Process in Sentencing Instructions: The Invalidity of the Briggs Instruction Introduction PEOPLE v. RAMOS (37 Cal.3d 136, 1984) is a landmark decision by the Supreme Court of...

Enhancing Sentences Based on Prior Convictions: A New Standard in Collateral Attacks

Date: Sep 18, 1984

Enhancing Sentences Based on Prior Convictions: A New Standard in Collateral Attacks Introduction The case of The People v. James Sumstine, decided by the Supreme Court of California on September 17,...

Public Entity Liability for Intersection Safety Despite Adjacent Encroachments: Carson v. Facilities Development Company

Date: Sep 14, 1984

Public Entity Liability for Intersection Safety Despite Adjacent Encroachments: Carson v. Facilities Development Company Introduction In the landmark case of Carson v. Facilities Development Company,...

Martinez v. The People: Enhancing Defendants' Access to New Trial Motions through Flexible Diligence Standards

Date: Sep 11, 1984

Martinez v. The People: Enhancing Defendants' Access to New Trial Motions through Flexible Diligence Standards Introduction In the landmark case of The People v. Darrick Ted Martinez (1984), the...

San Francisco Community College District Duty of Care Under California Tort Claims Act

Date: Sep 7, 1984

San Francisco Community College District Duty of Care Under California Tort Claims Act Introduction The case Kathleen Peterson v. San Francisco Community College District et al. (36 Cal.3d 799) was...

Implied Covenant of Good Faith in Commercial Contracts: Analysis of Seaman's Direct Buying Service, Inc. v. Standard Oil Company of California

Date: Aug 31, 1984

Implied Covenant of Good Faith in Commercial Contracts: Analysis of Seaman's Direct Buying Service, Inc. v. Standard Oil Company of California Introduction The case of Seaman's Direct Buying Service,...

California Coastal Act Does Not Preclude Referendum on Local Land Use Measures: Yost v. Thomas

Date: Aug 24, 1984

California Coastal Act Does Not Preclude Referendum on Local Land Use Measures: Yost v. Thomas Introduction The case of Helen Yost et al. v. Richard D. Thomas, heard by the Supreme Court of...

Reasonable Mistake of Age Not a Defense in Lewd Conduct with Minors Under 14: California Supreme Court Decision

Date: Aug 24, 1984

Reasonable Mistake of Age Not a Defense in Lewd Conduct with Minors Under 14: California Supreme Court Decision Introduction In The People v. Edward Einar Olsen (36 Cal.3d 638, 1984), the California...

Admissibility of Prior Crimes in Rodney Alcala Case: A Comprehensive Legal Commentary

Date: Aug 24, 1984

Admissibility of Prior Crimes in Rodney Alcala Case: A Comprehensive Legal Commentary Introduction The People v. Rodney James Alcala case, adjudicated by the Supreme Court of California on August 23,...

Establishing the Intent Requirement for Felony-Murder Special Circumstances: An Analysis of People v. Garcia

Date: Aug 7, 1984

Establishing the Intent Requirement for Felony-Murder Special Circumstances: An Analysis of People v. Garcia Introduction People v. Lawrence Richard Garcia (36 Cal.3d 539) is a landmark decision by...

Interpreting Insurance Policy Terms and Third-Party Beneficiary Rights: The Truck Insurance Exchange Decision

Date: Jul 17, 1984

Interpreting Insurance Policy Terms and Third-Party Beneficiary Rights: The Truck Insurance Exchange Decision Introduction The case of Dora Garcia et al. v. Truck Insurance Exchange (36 Cal.3d 426)...

Severance of Joint Murder Charges to Prevent Defense Prejudice: Williams v. Superior Court of Los Angeles County

Date: Jul 17, 1984

Severance of Joint Murder Charges to Prevent Defense Prejudice: Williams v. Superior Court of Los Angeles County Introduction Williams v. Superior Court of Los Angeles County is a landmark decision...

Periodic Payment of Damages in Medical Malpractice: Insights from AMERICAN BANK AND TRUST COMPANY v. COMMUNITY HOSPITAL OF LOS GATOS-SARATOGA, INC.

Date: Jul 10, 1984

Periodic Payment of Damages in Medical Malpractice: Insights from AMERICAN BANK AND TRUST COMPANY v. COMMUNITY HOSPITAL OF LOS GATOS-SARATOGA, INC. Introduction The case of AMERICAN BANK AND TRUST...

Corenevsky v. Superior Court: Affirming Indigent Defendants' Rights to Ancillary Defense Services and Enforcing Court Orders

Date: Jul 6, 1984

Corenevsky v. Superior Court: Affirming Indigent Defendants' Rights to Ancillary Defense Services and Enforcing Court Orders Introduction Corenevsky v. Superior Court of Imperial County is a pivotal...

Revocability of Section 998 Offers: T.M. Cobb Co. v. Superior Court of Marin County

Date: Jul 3, 1984

Revocability of Section 998 Offers: T.M. Cobb Co. v. Superior Court of Marin County Introduction The case of T.M. Cobb Company, Inc. v. The Superior Court of Marin County (36 Cal.3d 273, 1984)...

Expansion of Felony-Murder Liability under the Washington-Gilbert Doctrine in People v. Caldwell et al.

Date: Jun 15, 1984

Expansion of Felony-Murder Liability under the Washington-Gilbert Doctrine in People v. Caldwell et al. Introduction People v. Caldwell et al. (36 Cal.3d 210, 1984) is a landmark decision by the...

Limitation on Expert Testimony: Admissibility of Rape Trauma Syndrome in Proving Rape Established in People v. Bledsoe

Date: Jun 15, 1984

Limitation on Expert Testimony: Admissibility of Rape Trauma Syndrome in Proving Rape Established in People v. Bledsoe Introduction People v. William McKee Bledsoe is a landmark case adjudicated by...