California Case Commentaries

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

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

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

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

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

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

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

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

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)

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

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

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

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

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

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...

Section 300(b)(1) Dependency Jurisdiction Clarified: No Parental Fault Required

Date: Jul 21, 2017

Section 300(b)(1) Dependency Jurisdiction Clarified: No Parental Fault Required Introduction In the case of In re R.T., the Supreme Court of California addressed a pivotal issue concerning the...

The People v. Kiongozi Jones: Affirmation of Conviction and Death Sentence in a Complex Gang-related Murder Case

Date: Jul 21, 2017

The People v. Kiongozi Jones: Affirmation of Conviction and Death Sentence in a Complex Gang-related Murder Case Introduction The People v. Kiongozi Jones is a significant judgment by the Supreme...

Broadening Discovery Scope in PAGA Actions: Williams v. Superior Court

Date: Jul 14, 2017

Broadening Discovery Scope in PAGA Actions: Williams v. Superior Court Introduction In Michael Williams v. The Superior Court of Los Angeles County, 3 Cal.5th 531 (2017), the Supreme Court of...

Narrow Interpretation of 'Unreasonable Risk' in Proposition 47 Does Not Amend the Three Strikes Reform Act

Date: Jul 4, 2017

Narrow Interpretation of 'Unreasonable Risk' in Proposition 47 Does Not Amend the Three Strikes Reform Act Introduction The California Supreme Court case The People, Plaintiff and Respondent, v....

Affirmation of Jury Waiver Standards in Capital Cases: People v. Sivongxxay

Date: Jun 20, 2017

Affirmation of Jury Waiver Standards in Capital Cases: People v. Sivongxxay Introduction People v. Vaene Sivongxxay is a landmark decision by the Supreme Court of California that delves into the...