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  • Commentaries
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California Case Commentaries

Employee Classification Standards in DYNAMEX OPERATIONS WEST, INC. v. Superior Court: Adoption of the ABC Test under California Wage Orders

Employee Classification Standards in DYNAMEX OPERATIONS WEST, INC. v. Superior Court: Adoption of the ABC Test under California Wage Orders

Date: May 1, 2018
Employee Classification Standards in DYNAMEX OPERATIONS WEST, INC. v. Superior Court: Adoption of the ABC Test under California Wage Orders Introduction DYNAMEX OPERATIONS WEST, INC. v. The SUPERIOR...
Voluntary Intoxication Evidence Limited in Self-Defense Claims: People v. Soto

Voluntary Intoxication Evidence Limited in Self-Defense Claims: People v. Soto

Date: May 1, 2018
Voluntary Intoxication Evidence Limited in Self-Defense Claims: People v. Soto. (4 Cal.5th 968) Introduction In People v. Soto, the Supreme Court of California addressed a pivotal issue concerning...
Dismissal of Criminal Actions Post-Probation: Insights from People v. Lorenzo Chavez

Dismissal of Criminal Actions Post-Probation: Insights from People v. Lorenzo Chavez

Date: Apr 27, 2018
Dismissal of Criminal Actions Post-Probation: Insights from People v. Lorenzo Chavez Introduction People v. Lorenzo Chavez is a landmark decision by the Supreme Court of California that clarifies the...
Enhanced Due Process Safeguards for Truth-Incompetent Children's Hearsay Evidence in Juvenile Dependency Cases: In re I.C.

Enhanced Due Process Safeguards for Truth-Incompetent Children's Hearsay Evidence in Juvenile Dependency Cases: In re I.C.

Date: Apr 27, 2018
Enhanced Due Process Safeguards for Truth-Incompetent Children's Hearsay Evidence in Juvenile Dependency Cases: In re I.C. Introduction The Supreme Court of California's decision in In re I.C., a...
Affirmation of Joint Trial Procedures and Admissibility of Propensity Evidence in Capital Murder and Sexual Assault Case

Affirmation of Joint Trial Procedures and Admissibility of Propensity Evidence in Capital Murder and Sexual Assault Case

Date: Apr 27, 2018
Affirmation of Joint Trial Procedures and Admissibility of Propensity Evidence in Capital Murder and Sexual Assault Case Introduction The case of The PEOPLE v. James Anthony Daveggio and Michelle Lyn...
Recognizing Colleges' Duty to Protect Students from Foreseeable Campus Violence

Recognizing Colleges' Duty to Protect Students from Foreseeable Campus Violence

Date: Mar 23, 2018
Recognizing Colleges' Duty to Protect Students from Foreseeable Campus Violence Introduction In the landmark case The Regents of the University of California et al. v. The Superior Court of Los...
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...
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