CEQA Class 1 “Negligible Expansion of Use” Measures Change in Use, Not Environmental Risk I. Introduction Sunflower Alliance v. Dept. of Conservation (Cal. June 25, 2026) addresses how courts and...
Client Autonomy Bars Counsel from Conceding Guilt to Any Homicide Offense Over Express Objection (McCoy Structural Error) Case: People v. Chhuon and Pan (Cal. June 1, 2026) S105403 Court: Supreme...
Bad-Faith Blanket § 170.6 Challenges Are Subject to Separation-of-Powers Review via a Batson-Style Procedure I. Introduction Case: J.O. v. Superior Court (Cal. May 28, 2026) S287285. Parties:...
People v. Demolle: Contextual RJA Review of “Animal Imagery” in Capital Argument and Harmless-Error Review on Direct Appeal Supreme Court of California • June 1, 2026 • Chief Justice Guerrero (maj.)...
People v. Barrera: Penalty-Phase Carter Instruction Error Is Not Structural (Reviewed Under Chapman); RJA Death-Penalty Bar Not Automatic for Pre-RJA Nonprejudicial Violations Supreme Court of...
RJA Discriminatory-Language Error in Pre-2021 Capital Cases: Chapman Review, “Bengal Tiger” Prohibited, and No Categorical Bar to Penalty Retrial Case: People v. Bankston (Cal. Supreme Ct., June 1,...
People v. Mitchell (2026): Retroactive SB 567 Upper-Term Protections Apply to Stipulated Pleas, with Stamps-Style Remand and No Implied Waiver Court: Supreme Court of California | Date: May 18, 2026...
Neutral Yamaha Deference and De Novo Review for Coastal Commission Appellate Jurisdiction; “Principal Permitted Use” Includes Multiple Uses I. Introduction In Shear Development Co., LLC v. California...
CMIA Confidentiality Breach Standard: “Significant Risk” of Unauthorized Access or Use (No “Actually Viewed” Requirement) Introduction In J.M. v. Illuminate Education, Inc. (May 14, 2026) S286699,...
People v. Morris (Cal. 2026): § 189(e)(2) Requires the Nonkiller to Aid the Lethal Act, Not Merely the Underlying Felony Supreme Court of California (May 4, 2026) — Justice Groban (maj.); Chief...
People v. Stayner (Cal. 2026): Change-of-Venue Selection Is Limited to Judicial Council–Available Counties; Publicity Comparisons to Unavailable Counties Are Irrelevant 1. Introduction People v....
No Dixon-Like Procedural Bar in Penal Code Section 1172.6 Imputed-Malice Resentencing Petitions Introduction In People v. Lopez, the Supreme Court of California clarified the scope of resentencing...
In re Kowalczyk: California Bail May Be Denied Only Under Article I, Section 12 and Must Generally Be Reasonably Attainable Introduction In In re Kowalczyk, the Supreme Court of California resolved...
In re Z.G.: Termination of Parental Rights Requires Both Adoptability and a Statutory “Sufficient Basis” (Services Terminated or Properly Bypassed) Introduction In re Z.G. (Cal. Apr. 27, 2026) is a...
Independent-Judgment Review and No Automatic Deference in Coastal Commission Jurisdiction Disputes; “Principal Permitted Use” Includes Multiple Uses Case: Shear Development Co., LLC v. California...
Retroactive Edwards/Johnson Competency Standard for Self-Representation at Capital Penalty Phase; Confrontation Clause Inapplicable to Kelly Hearings I. Introduction People v. Bertsch and Hronis is a...
People v. Deen: Trial Courts Must Independently Determine Juror Actual Bias Under CCP § 225 (Not Defer to Juror Assurances), Reading CCP § 229(f) Together With § 225 1. Introduction People v. Deen...
People v. Morgan: Penal Code § 69(a) “Force or Violence” Resistance Does Not Include Assault’s “Present Ability” Element 1. Introduction In People v. Morgan (Cal. Feb. 26, 2026) S286493, the...
Legibility Is Procedural (Not Substantive) Unconscionability—But Illegible Adhesive Arbitration Clauses Trigger Close Scrutiny of Terms Case: Fuentes v. Empire Nissan, Inc. (Cal. Feb. 2, 2026)...
Sellers v. Superior Court: “Open Container” Marijuana Requires Usable Quantity, Imminent Usability, and Ready Accessibility; Lawful Cannabis Cannot Supply Probable Cause I. Introduction Case: Sellers...