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  • Commentaries
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California Case Commentaries

Refined Application of Anti-SLAPP Motions in Mixed Causes of Action: California Supreme Court Overrules Mann

Refined Application of Anti-SLAPP Motions in Mixed Causes of Action: California Supreme Court Overrules Mann

Date: Aug 2, 2016
Refined Application of Anti-SLAPP Motions in Mixed Causes of Action: California Supreme Court Overrules Mann Introduction The case of Robert C. Baral v. David Schnitt (1 Cal.5th 376) adjudicated by...
Admitting Dog Trailing Evidence and Joinder of Assault Charges: A Comprehensive Analysis of People v. Bailey Lamar Jackson

Admitting Dog Trailing Evidence and Joinder of Assault Charges: A Comprehensive Analysis of People v. Bailey Lamar Jackson

Date: Aug 2, 2016
Admitting Dog Trailing Evidence and Joinder of Assault Charges: A Comprehensive Analysis of People v. Bailey Lamar Jackson Introduction The case of The PEOPLE, Plaintiff and Respondent, v. Bailey...
Reaffirming Trial Court Discretion on Gang Enhancements under Section 1385(a)

Reaffirming Trial Court Discretion on Gang Enhancements under Section 1385(a)

Date: Jul 22, 2016
Reaffirming Trial Court Discretion on Gang Enhancements under Section 1385(a) Introduction The case of The People, Plaintiff and Appellant, v. Alexis Alejandro Fuentes, Defendant and Respondent (1...
People v. Simon: Affirming Judicial Standards for Restraints, Joinder of Crimes, and Victim Impact Evidence in Capital Sentencing

People v. Simon: Affirming Judicial Standards for Restraints, Joinder of Crimes, and Victim Impact Evidence in Capital Sentencing

Date: Jul 19, 2016
People v. Simon: Affirming Judicial Standards for Restraints, Joinder of Crimes, and Victim Impact Evidence in Capital Sentencing Introduction People v. Richard Nathan Simon (1 Cal.5th 98),...
Invalidation of California Rule 5.482(c) in Implementing the Indian Child Welfare Act

Invalidation of California Rule 5.482(c) in Implementing the Indian Child Welfare Act

Date: Jul 15, 2016
Invalidation of California Rule 5.482(c) in Implementing the Indian Child Welfare Act Introduction The case In re ABBIGAIL A. et al. involved a significant legal challenge concerning the application...
Waiver of Right to Counsel and Proceeding in Absentia: Insights from People v. Espinoza, Jr.

Waiver of Right to Counsel and Proceeding in Absentia: Insights from People v. Espinoza, Jr.

Date: Jul 12, 2016
Waiver of Right to Counsel and Proceeding in Absentia: Insights from People v. Espinoza, Jr. Introduction People v. Zeferino Espinoza, Jr., 1 Cal.5th 61 (2016), presents a complex scenario involving...
Continuing Duty Under ICWA: Parents' Ability to Challenge ICWA Notice in Subsequent Appeals

Continuing Duty Under ICWA: Parents' Ability to Challenge ICWA Notice in Subsequent Appeals

Date: Jul 8, 2016
Continuing Duty Under ICWA: Parents' Ability to Challenge ICWA Notice in Subsequent Appeals Introduction The case of In re ISAIAH W. addressed a critical issue pertaining to the application of the...
Three Strikes Reform Act: Petition Requirement Overrides Automatic Resentencing

Three Strikes Reform Act: Petition Requirement Overrides Automatic Resentencing

Date: Jul 1, 2016
Three Strikes Reform Act: Petition Requirement Overrides Estrada Presumption for Resentencing Introduction The People v. Patrick Lee Conley (63 Cal.4th 646) is a landmark decision by the Supreme...
Reaffirming the Boundaries: People v. Sanchez Establishes New Limits on Expert Testimony Relating to Hearsay

Reaffirming the Boundaries: People v. Sanchez Establishes New Limits on Expert Testimony Relating to Hearsay

Date: Jul 1, 2016
Reaffirming the Boundaries: People v. Sanchez Establishes New Limits on Expert Testimony Relating to Hearsay Introduction In the landmark case of The People v. Marcos Arturo Sanchez, 374 P.3d 320...
People v. Sanchez: New Precedent on Hearsay in Expert Testimony and the Sixth Amendment

People v. Sanchez: New Precedent on Hearsay in Expert Testimony and the Sixth Amendment

Date: Jul 1, 2016
People v. Sanchez: New Precedent on Hearsay in Expert Testimony and the Sixth Amendment Introduction In the landmark case The People, Plaintiff and Respondent, v. Marcos Arturo Sanchez, Defendant and...
Clarifying the Reckless Indifference Requirement in Capital Cases: People v. Clark

Clarifying the Reckless Indifference Requirement in Capital Cases: People v. Clark

Date: Jun 28, 2016
Clarifying the Reckless Indifference Requirement in Capital Cases: People v. Clark Introduction People v. William Clinton Clark (63 Cal.4th 522, 2016) is a landmark decision by the Supreme Court of...
Reinforcing Reckless Indifference in Felony-Murder Special Circumstances: In-Depth Commentary on People v. Clark

Reinforcing Reckless Indifference in Felony-Murder Special Circumstances: In-Depth Commentary on People v. Clark

Date: Jun 28, 2016
Reinforcing Reckless Indifference in Felony-Murder Special Circumstances: In-Depth Commentary on People v. Clark Introduction In the landmark case People v. William Clinton Clark (372 P.3d 811,...
The People v. Edgardo Sánchez: Partial Reversal and Implications for Jury Selection

The People v. Edgardo Sánchez: Partial Reversal and Implications for Jury Selection

Date: Jun 24, 2016
The People v. Edgardo Sánchez: Partial Reversal and Implications for Jury Selection Introduction The People v. Edgardo Sánchez (63 Cal.4th 411) is a landmark case addressed by the Supreme Court of...
Excess Custody Credits Do Not Reduce Parole Period Under Proposition 47: CA Supreme Court Ruling

Excess Custody Credits Do Not Reduce Parole Period Under Proposition 47: CA Supreme Court Ruling

Date: Jun 17, 2016
Excess Custody Credits Do Not Reduce Parole Period Under Proposition 47: CA Supreme Court Ruling Introduction The case of The People v. Josue Vargas Morales (63 Cal.4th 399) addresses the...
Affirmation of Using Juvenile Murder Convictions as Special Circumstances in California Death Penalty Cases

Affirmation of Using Juvenile Murder Convictions as Special Circumstances in California Death Penalty Cases

Date: May 27, 2016
Affirmation of Using Juvenile Murder Convictions as Special Circumstances in California Death Penalty Cases Introduction In the landmark case of The PEOPLE, Plaintiff and Respondent, v. Magdaleno...
Juvenile Sentencing and the Functional Equivalence of Life Without Parole: Analysis of People v. Franklin

Juvenile Sentencing and the Functional Equivalence of Life Without Parole: Analysis of People v. Franklin

Date: May 27, 2016
Juvenile Sentencing and the Functional Equivalence of Life Without Parole: Analysis of People v. Franklin Introduction People v. Tyris Lamar Franklin (63 Cal.4th 261, 2016) is a pivotal case in...
Webb v. Special Electric: Establishing the Sophisticated Intermediary Doctrine in Failure to Warn Cases

Webb v. Special Electric: Establishing the Sophisticated Intermediary Doctrine in Failure to Warn Cases

Date: May 24, 2016
Webb v. Special Electric: Establishing the Sophisticated Intermediary Doctrine in Failure to Warn Cases Introduction William B. Webb et al., Plaintiffs and Appellants, v. Special Electric Company,...
Affirmation of Carrying Loaded Firearm in Backpack as ‘On the Person’ under Penal Code §25850(a)

Affirmation of Carrying Loaded Firearm in Backpack as ‘On the Person’ under Penal Code §25850(a)

Date: May 10, 2016
Affirmation of Carrying Loaded Firearm in Backpack as ‘On the Person’ under Penal Code §25850(a) Introduction In the landmark case The People v. Steven Wade, 63 Cal.4th 137 (2016), the Supreme Court...
Reaffirmation of Proper Application of CALCRIM No. 361 and Admissibility of Codefendant Statements in Criminal Convictions

Reaffirmation of Proper Application of CALCRIM No. 361 and Admissibility of Codefendant Statements in Criminal Convictions

Date: May 10, 2016
Reaffirmation of Proper Application of CALCRIM No. 361 and Admissibility of Codefendant Statements in Criminal Convictions Introduction In the landmark case The PEOPLE, Plaintiff and Respondent, v....
Refining the Consideration of Intellectual Disability and Mental State in Criminal Proceedings: People v. Townsel

Refining the Consideration of Intellectual Disability and Mental State in Criminal Proceedings: People v. Townsel

Date: Apr 22, 2016
Refining the Consideration of Intellectual Disability and Mental State in Criminal Proceedings: People v. Townsel Introduction In the landmark case of The PEOPLE, Plaintiff and Respondent, v. Anthony...
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