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  • Commentaries
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California Case Commentaries

Resentencing under Proposition 47 Requires Statutory Procedure and Risk Assessment

Resentencing under Proposition 47 Requires Statutory Procedure and Risk Assessment

Date: Mar 13, 2018
Resentencing under Proposition 47 Requires Statutory Procedure and Risk Assessment Introduction In The People v. Veronica Lorraine DeHoyos et al. (4 Cal.5th 594, 2018), the Supreme Court of...
The People v. Garton: Defining the Boundaries of Attempted Murder and Territorial Jurisdiction

The People v. Garton: Defining the Boundaries of Attempted Murder and Territorial Jurisdiction

Date: Mar 6, 2018
The People v. Garton: Defining the Boundaries of Attempted Murder and Territorial Jurisdiction Introduction The People v. Todd Jesse Garton is a landmark decision rendered by the Supreme Court of...
California Supreme Court Establishes Method for Calculating Regular Rate of Pay with Flat Sum Bonuses: Alvarado v. Dart Container

California Supreme Court Establishes Method for Calculating Regular Rate of Pay with Flat Sum Bonuses: Alvarado v. Dart Container

Date: Mar 6, 2018
California Supreme Court Establishes Method for Calculating Regular Rate of Pay with Flat Sum Bonuses: Alvarado v. Dart Container Introduction Hector Alvarado v. Dart Container Corporation of...
Affirmation of Death Sentence in People v. Perez: Comprehensive Legal Commentary

Affirmation of Death Sentence in People v. Perez: Comprehensive Legal Commentary

Date: Mar 2, 2018
Affirmation of Death Sentence in People v. Perez: Comprehensive Legal Commentary Introduction The case of The PEOPLE, Plaintiff and Respondent, v. Joseph Andrew Perez, Jr., Defendant and Appellant (4...
California Supreme Court Establishes Constitutional Limits on Extended Sentences for Juvenile Non-Homicide Offenders

California Supreme Court Establishes Constitutional Limits on Extended Sentences for Juvenile Non-Homicide Offenders

Date: Feb 27, 2018
California Supreme Court Establishes Constitutional Limits on Extended Sentences for Juvenile Non-Homicide Offenders Introduction In the landmark case The PEOPLE, Plaintiff and Respondent, v. Leonel...
Rationality of Statutory Eligibility Criteria for Certificates of Rehabilitation in People v. Chatman

Rationality of Statutory Eligibility Criteria for Certificates of Rehabilitation in People v. Chatman

Date: Feb 2, 2018
Rationality of Statutory Eligibility Criteria for Certificates of Rehabilitation in People v. Chatman Introduction People v. Chatman is a landmark case adjudicated by the Supreme Court of California...
Retroactive Application of Proposition 57 Affirmed by California Supreme Court

Retroactive Application of Proposition 57 Affirmed by California Supreme Court

Date: Feb 2, 2018
Retroactive Application of Proposition 57 Affirmed by California Supreme Court Introduction In the landmark case of The PEOPLE v. The SUPERIOR COURT of Riverside County, the Supreme Court of...
Establishing Beyond a Reasonable Doubt Standard for Ineligibility in Resentencing Under Three Strikes Reform

Establishing Beyond a Reasonable Doubt Standard for Ineligibility in Resentencing Under Three Strikes Reform

Date: Dec 29, 2017
Establishing Beyond a Reasonable Doubt Standard for Ineligibility in Resentencing Under Three Strikes Reform Introduction The People v. James Belton Frierson is a landmark decision by the Supreme...
Reaffirming Sixth Amendment Protections: Judicial Fact-Finding in Sentencing Enhancements – People v. Gallardo

Reaffirming Sixth Amendment Protections: Judicial Fact-Finding in Sentencing Enhancements – People v. Gallardo

Date: Dec 22, 2017
Reaffirming Sixth Amendment Protections: Judicial Fact-Finding in Sentencing Enhancements – People v. Gallardo Introduction People v. Sulma Marilyn Gallardo is a landmark decision by the Supreme...
Expanding Duty of Care: California Supreme Court Establishes Brand-name Pharmaceutical Manufacturer’s Liability for Generic Bioequivalent Drug Labeling

Expanding Duty of Care: California Supreme Court Establishes Brand-name Pharmaceutical Manufacturer’s Liability for Generic Bioequivalent Drug Labeling

Date: Dec 22, 2017
Expanding Duty of Care: California Supreme Court Establishes Brand-name Pharmaceutical Manufacturer’s Liability for Generic Bioequivalent Drug Labeling Introduction The landmark case of T.H., a...
Reaffirmation of Due Process and Counsel Competency in Death Penalty Cases: People v. Jean Pierre Rices

Reaffirmation of Due Process and Counsel Competency in Death Penalty Cases: People v. Jean Pierre Rices

Date: Dec 12, 2017
Reaffirmation of Due Process and Counsel Competency in Death Penalty Cases: People v. Jean Pierre Rices Supreme Court of California, December 11, 2017 Introduction The case of People v. Jean Pierre...
Revisiting Aiding and Abetting in First Degree Murder: The Chiu Precedent in In re Hector Martinez

Revisiting Aiding and Abetting in First Degree Murder: The Chiu Precedent in In re Hector Martinez

Date: Dec 5, 2017
Revisiting Aiding and Abetting in First Degree Murder: The Chiu Precedent in In re Hector Martinez Introduction In re Hector Martinez on Habeas Corpus is a landmark decision by the Supreme Court of...
Expansion of Resentencing Eligibility under Proposition 47 to Vehicle Code Section 10851 Convictions

Expansion of Resentencing Eligibility under Proposition 47 to Vehicle Code Section 10851 Convictions

Date: Dec 1, 2017
Expansion of Resentencing Eligibility under Proposition 47 to Vehicle Code Section 10851 Convictions Introduction The case The PEOPLE, Plaintiff and Respondent, v. Timothy Wayne PAGE, Defendant and...
Reversible Error Standard for Failure to Issue Statement of Decision Not Per Se

Reversible Error Standard for Failure to Issue Statement of Decision Not Per Se

Date: Nov 28, 2017
Reversible Error Standard for Failure to Issue Statement of Decision Not Per Se Introduction In the landmark case of F.P., Plaintiff and Respondent, v. Joseph MONIER, Defendant and Appellant (3...
Waiver of Defendant's Right to Be Present During Jury Selection and Restitution Fine Errors in People v. Randall Clark Wall (3 Cal.5th 1048)

Waiver of Defendant's Right to Be Present During Jury Selection and Restitution Fine Errors in People v. Randall Clark Wall (3 Cal.5th 1048)

Date: Nov 14, 2017
Waiver of Defendant's Right to Be Present During Jury Selection and Restitution Fine Errors in People v. Randall Clark Wall (3 Cal.5th 1048) Introduction In the landmark case of The PEOPLE v. Randall...
Invalid Waiver of Jury Trial and Right to Counsel in Capital Cases: People v. Daniels

Invalid Waiver of Jury Trial and Right to Counsel in Capital Cases: People v. Daniels

Date: Sep 1, 2017
Invalid Waiver of Jury Trial and Right to Counsel in Capital Cases: People v. Daniels Introduction People v. David Scott Daniels (3 Cal.5th 961, 2017) is a seminal case from the Supreme Court of...
Enforcement of Timely Claim Requirements Under Government Code in Rubenstein v. Doe No. 1

Enforcement of Timely Claim Requirements Under Government Code in Rubenstein v. Doe No. 1

Date: Aug 29, 2017
Enforcement of Timely Claim Requirements Under Government Code in Rubenstein v. Doe No. 1 Introduction In the landmark case of Latrice Rubenstein v. Doe No. 1 (2017), the Supreme Court of California...
Ron Briggs v. Edmund G. Brown Jr.: Preserving Judicial Independence in Death Penalty Reforms

Ron Briggs v. Edmund G. Brown Jr.: Preserving Judicial Independence in Death Penalty Reforms

Date: Aug 25, 2017
Ron Briggs v. Edmund G. Brown Jr.: Preserving Judicial Independence in Death Penalty Reforms Introduction The Supreme Court of California's 2017 decision in Ron Briggs v. Edmund G. Brown Jr....
Affirmative Defense and Contractual Attorney Fees: Insights from Mountain Air Enterprises, LLC v. Sundowner Towers, LLC

Affirmative Defense and Contractual Attorney Fees: Insights from Mountain Air Enterprises, LLC v. Sundowner Towers, LLC

Date: Aug 1, 2017
Affirmative Defense and Contractual Attorney Fees: Insights from Mountain Air Enterprises, LLC v. Sundowner Towers, LLC Introduction In Mountain Air Enterprises, LLC v. Sundowner Towers, LLC, the...
Reaffirming Morrissey: Upholding Preliminary Hearing Rights in Parole Revocation Proceedings

Reaffirming Morrissey: Upholding Preliminary Hearing Rights in Parole Revocation Proceedings

Date: Jul 25, 2017
Reaffirming Morrissey: Upholding Preliminary Hearing Rights in Parole Revocation Proceedings Introduction In the landmark case The People v. Allen Dimen DeLeon (3 Cal.5th 640), decided by the Supreme...
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