California Case Commentaries

Affirmation of Felony Murder Rule and Death Penalty Enhancements in Aiding and Abetting Cases

Date: Aug 25, 2015

Affirmation of Felony Murder Rule and Death Penalty Enhancements in Aiding and Abetting Cases Introduction The People v. Jack Emmit Williams (61 Cal.4th 1244) is a landmark case adjudicated by the...

Clarifying the Scope of CCP § 340.6(a): Distinguishing Professional Obligations in Attorney-Client Disputes

Date: Aug 21, 2015

Clarifying the Scope of CCP § 340.6(a): Distinguishing Professional Obligations in Attorney-Client Disputes 1. Introduction In the landmark case of Nancy F. Lee v. William B. Hanley (61 Cal.4th 1225,...

Mandatory Personal Jury Trial Advisement and Waiver in MDO Commitments: People v. Blackburn

Date: Aug 18, 2015

Mandatory Personal Jury Trial Advisement and Waiver in MDO Commitments: People v. Blackburn Introduction In the landmark case of People v. Bruce Lee Blackburn (61 Cal.4th 1113, 2015), the Supreme...

Enhancing Defendant Rights in NGI Commitment Proceedings: People v. Tran

Date: Aug 18, 2015

Enhancing Defendant Rights in NGI Commitment Proceedings: People v. Tran Introduction In The People v. Dawn Quang Tran (61 Cal.4th 1160, 2015), the Supreme Court of California addressed critical...

People v. Nguyen: Striking Penal Code Section 186.22(b)(1) Enhancements for Gang Participation

Date: Aug 14, 2015

People v. Nguyen: Striking Penal Code Section 186.22(b)(1) Enhancements for Gang Participation Introduction In the landmark case The PEOPLE v. LAM THANH NGUYEN (61 Cal.4th 1015), the Supreme Court of...

Insurer’s Right to Recover Excessive Legal Fees from Independent Counsel: Hartford Casualty v. J.R. Marketing

Date: Aug 11, 2015

Insurer’s Right to Recover Excessive Legal Fees from Independent Counsel: Hartford Casualty v. J.R. Marketing Introduction The landmark case of Hartford Casualty Insurance Company v. J.R. Marketing,...

Detention Through Show of Authority: Establishing Reasonable Suspicion in DUI Stops

Date: Aug 7, 2015

Detention Through Show of Authority: Establishing Reasonable Suspicion in DUI Stops Introduction The case of The PEOPLE, Plaintiff and Respondent, v. Shauntrel Ray BROWN, Defendant and Appellant...

California Supreme Court Establishes Enforcement of Class Action Waivers in Arbitration Agreements

Date: Aug 4, 2015

California Supreme Court Establishes Enforcement of Class Action Waivers in Arbitration Agreements Introduction In the landmark case of Gil Sanchez v. Valencia Holding Company, LLC (353 P.3d 741,...

FAA Enforces Class Arbitration Waivers; California Unconscionability Standards Apply to Other Arbitration Terms

Date: Aug 4, 2015

FAA Enforces Class Arbitration Waivers; California Unconscionability Standards Apply to Other Arbitration Terms Introduction Gil Sanchez v. Valencia Holding Company, LLC (61 Cal.4th 899, 2015) is a...

Section 473(b) and Section 1008: Reaffirming the Importance of Procedural Compliance in Relief from Default

Date: Jul 21, 2015

Section 473(b) and Section 1008: Reaffirming the Importance of Procedural Compliance in Relief from Default Introduction The case of Even Zohar Construction & Remodeling, Inc. v. Bellaire Townhouses,...

Joint and Several Liability: DKN Holdings LLC v. Wade Faerber Establishes Clear Preclusion Standards

Date: Jul 14, 2015

Joint and Several Liability: DKN Holdings LLC v. Wade Faerber Establishes Clear Preclusion Standards Introduction DKN Holdings LLC v. Wade Faerber (2015) is a landmark decision by the Supreme Court...

Separate Actions Permitted Under Joint and Several Liability: Insights from DKN Holdings LLC v. Wade Faerber

Date: Jul 14, 2015

Separate Actions Permitted Under Joint and Several Liability: Insights from DKN Holdings LLC v. Wade Faerber Introduction Case: DKN Holdings LLC, Plaintiff and Appellant, v. Wade Faerber, Defendant...

Defining Major Participation in Felony Murder: California Supreme Court Sets Precedent in People v. Leon Banks et al.

Date: Jul 10, 2015

Defining Major Participation in Felony Murder: California Supreme Court Sets Precedent in People v. Leon Banks et al. Introduction The case of The People v. Leon Banks et al. (61 Cal.4th 788)...

Death Sentence Reversed for Second-Degree Murder: Analysis of The People v. Lumord Johnson

Date: Jul 10, 2015

Death Sentence Reversed for Second-Degree Murder: Analysis of The People v. Lumord Johnson Introduction The People v. Lumord Johnson (61 Cal.4th 734, 2015) is a pivotal case from the Supreme Court of...

Resentencing under Proposition 36: A New Legal Framework Established in People v. Johnson and People v. Machado

Date: Jul 3, 2015

Resentencing under Proposition 36: A New Legal Framework Established in People v. Johnson and People v. Machado Introduction The landmark decision in People v. Johnson (S219454) and People v. Machado...

Affirmation of Death Penalty Under Multiple Special Circumstances: People v. Cunningham

Date: Jul 3, 2015

Affirmation of Death Penalty Under Multiple Special Circumstances: People v. Cunningham Introduction The case of The People v. John Lee Cunningham (61 Cal.4th 609) was adjudicated by the Supreme...

Ensuring Fairness in Capital Sentencing: People v. Leon Commentary

Date: Jun 30, 2015

Ensuring Fairness in Capital Sentencing: People v. Leon Commentary Introduction People v. Richard Leon (61 Cal.4th 569) is a landmark decision by the Supreme Court of California that underscores the...

Narrowing the Miranda Booking Exception for Gang Affiliation Questions

Date: Jun 26, 2015

Narrowing the Miranda Booking Exception for Gang Affiliation Questions Introduction The People v. Gamaliel Elizalde et al. (61 Cal.4th 523, 2015) is a landmark decision by the Supreme Court of...

Affirmation of Royce Lyn Scott's Conviction and Death Sentence: A New Precedent on Jury Selection and Batson Claims

Date: Jun 9, 2015

Affirmation of Royce Lyn Scott's Conviction and Death Sentence: A New Precedent on Jury Selection and Batson Claims Introduction In the landmark case The PEOPLE, Plaintiff and Respondent, v. Royce...

Clarifying Appellate Review of Batson Challenges: Role of Prosecutor-Stated Reasons and Prima Facie Findings

Date: Jun 9, 2015

Clarifying Appellate Review of Batson Challenges: Role of Prosecutor-Stated Reasons and Prima Facie Findings Introduction In the case of The PEOPLE, Plaintiff and Respondent, v. Royce Lyn Scott,...

Previous Next