California Case Commentaries

Supreme Court of California Affirms Limits on Implied Dedication of Private Noncoastal Roadways under Civil Code §1009(b)

Date: Jun 16, 2017

Supreme Court of California Affirms Limits on Implied Dedication of Private Noncoastal Roadways under Civil Code §1009(b) Introduction The case of Jaime A. Scher et al. v. John F. Burke et al....

Clarifying Batson/Wheeler Standards in Jury Selection: People v. Gutierrez, Ramos, & Enriquez

Date: Jun 2, 2017

Clarifying Batson/Wheeler Standards in Jury Selection: People v. Gutierrez, Ramos, & Enriquez Introduction People v. Gutierrez, Ramos, & Enriquez (2 Cal.5th 1150, 2017) is a landmark decision by the...

Clarifying 'Verbal Statements' under Penal Code Section 422: Exclusion of Nonverbal Conduct in Criminal Threats

Date: Jun 2, 2017

Clarifying 'Verbal Statements' under Penal Code Section 422: Exclusion of Nonverbal Conduct in Criminal Threats Introduction In the landmark case The People v. Mario Alberto Gonzalez, 2 Cal.5th 1138...

Weekly Day of Rest Guarantee Under California Labor Law: Mendoza v. Nordstrom

Date: May 9, 2017

Weekly Day of Rest Guarantee Under California Labor Law: Mendoza v. Nordstrom Introduction In the landmark case of Christopher Mendoza, Plaintiff and Appellant, v. Nordstrom, Inc., Defendant and...

Park v. Board of Trustees: Defining the Boundaries of Anti-SLAPP in Employment Discrimination Cases

Date: May 5, 2017

Park v. Board of Trustees: Defining the Boundaries of Anti-SLAPP in Employment Discrimination Cases Introduction Sungho Park, a Korean national and tenure-track assistant professor at California...

Section 1170(d)(2) Insufficient to Address Miller Error in Juvenile Sentences

Date: Apr 25, 2017

Section 1170(d)(2) Insufficient to Address Miller Error in Juvenile Sentences Introduction In In re Kristopher Kirchner on Habeas Corpus (2 Cal.5th 1040, 2017), the Supreme Court of California...

California Supreme Court Invalidates Arbitration Waiver of Public Injunctive Relief in McGill v. Citibank

Date: Apr 7, 2017

California Supreme Court Invalidates Arbitration Waiver of Public Injunctive Relief in McGill v. Citibank Introduction McGill v. Citibank, N.A. (2 Cal.5th 945) is a landmark decision by the Supreme...

Banning Ranch Conservancy v. City of Newport Beach: Integrating CEQA with Coastal Act Requirements

Date: Mar 31, 2017

Banning Ranch Conservancy v. City of Newport Beach: Integrating CEQA with Coastal Act Requirements Introduction The Supreme Court of California, in the landmark case Banning Ranch Conservancy v. City...

Impact of Proposition 47 on Theft of Access Card Information: Analysis of People v. Romanowski

Date: Mar 28, 2017

Impact of Proposition 47 on Theft of Access Card Information: Analysis of People v. Romanowski Introduction People v. Daniel Romanowski is a landmark decision by the Supreme Court of California,...

Revisiting Withdrawals of Guilty Pleas: The People v. Patterson Decision

Date: Mar 28, 2017

Revisiting Withdrawals of Guilty Pleas: The People v. Patterson Decision Introduction The People v. Ron Douglas Patterson, 2 Cal.5th 885 (2017) is a landmark decision by the Supreme Court of...

Interpretation of Shoplifting Under Proposition 47: The PEOPLE v. Gio

Date: Mar 24, 2017

Interpretation of Shoplifting Under Proposition 47: The PEOPLE v. Gio Introduction The PEOPLE, Plaintiff and Respondent, v. Giovanni Gonzales (2 Cal.5th 858) is a pivotal case decided by the Supreme...

Comprehensive Review of Felony-Murder Special Circumstances and Jury Instructions: The PEOPLE v. Donald Lewis Brooks

Date: Mar 21, 2017

Comprehensive Review of Felony-Murder Special Circumstances and Jury Instructions: The PEOPLE v. Donald Lewis Brooks Introduction The case of The PEOPLE, Plaintiff and Respondent, v. Donald Lewis...

Revisiting Harmless Error in Jury Instructions: Insights from People v. Merritt

Date: Mar 21, 2017

Revisiting Harmless Error in Jury Instructions: Insights from People v. Merritt Introduction People v. Andre Merritt (2 Cal.5th 819, 2017) presents a pivotal analysis of the appellate standard...

Implicit Mens Rea in Probation Conditions: Analysis of People v. Hall

Date: Feb 10, 2017

Implicit Mens Rea in Probation Conditions: Analysis of People v. Hall Introduction The case of The PEOPLE, Plaintiff and Respondent, v. LaQuincy HALL, Defendant and Appellant (2 Cal.5th 494)...

The PEOPLE v. Winbush: Affirmation of Capital Conviction and Implications for Jury Selection Practices

Date: Jan 27, 2017

The PEOPLE v. Winbush: Affirmation of Capital Conviction and Implications for Jury Selection Practices Introduction The PEOPLE v. Grayland Winbush (2 Cal.5th 402) is a landmark decision by the...

Anti-SLAPP Motion Jurisdiction and Fee-Shifting Confirmed in Barry v. State Bar of California

Date: Jan 6, 2017

Anti-SLAPP Motion Jurisdiction and Fee-Shifting Confirmed in Barry v. State Bar of California Introduction In the landmark case of Patricia J. BARRY, Plaintiff and Appellant, v. The STATE BAR OF...

Single Physical Act Doctrine under Penal Code Section 654: Analysis of People v. Corpening

Date: Dec 30, 2016

Single Physical Act Doctrine under Penal Code Section 654: Analysis of People v. Corpening Introduction People v. Corpening is a landmark decision by the Supreme Court of California, rendered on...

Reaffirmation of Competency Standards and Self-Representation Rights in California's Capital Cases: Analysis of People v. Mickel

Date: Dec 20, 2016

Reaffirmation of Competency Standards and Self-Representation Rights in California's Capital Cases: Analysis of People v. Mickel Introduction People v. Andrew Hampton Mickel, 2 Cal.5th 181 (2016), is...

Duress Defense Rejected and Deadly Weapon Enhancement Stricken in People v. Landry

Date: Dec 13, 2016

Duress Defense Rejected and Deadly Weapon Enhancement Stricken in People v. Landry Introduction In the landmark case of People v. Daniel Gary Landry (2 Cal.5th 52, 2016), the Supreme Court of...

Reaffirming Riley: Warrant Required for Cell Phone Searches Incident to Arrest – People v. Macabeo

Date: Dec 6, 2016

Reaffirming Riley: Warrant Required for Cell Phone Searches Incident to Arrest – People v. Macabeo Introduction In People v. Macabeo, the Supreme Court of California addressed the constitutionality...