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  • Commentaries
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California Case Commentaries

Appealability of Denial of Sentence Recall Under Section 1170.126: Teal v. Superior Court

Appealability of Denial of Sentence Recall Under Section 1170.126: Teal v. Superior Court

Date: Nov 7, 2014
Appealability of Denial of Sentence Recall Under Section 1170.126: Teal v. Superior Court Introduction In Bennie Jay Teal v. Superior Court of Los Angeles County (60 Cal.4th 595, 2014), the Supreme...
Affirmation of Prosecution's Conduct and Evidence Admissibility in Capital Murder Cases: People v. Marcus Dorwin Adams

Affirmation of Prosecution's Conduct and Evidence Admissibility in Capital Murder Cases: People v. Marcus Dorwin Adams

Date: Oct 31, 2014
Affirmation of Prosecution's Conduct and Evidence Admissibility in Capital Murder Cases: People v. Marcus Dorwin Adams Introduction In the case of The PEOPLE, Plaintiff and Respondent, v. Marcus...
Standards for Recusal, Restraints, and Evidence Admissibility in Multi-Defendant Death Penalty Cases: The People v. Bryant et al. Decision

Standards for Recusal, Restraints, and Evidence Admissibility in Multi-Defendant Death Penalty Cases: The People v. Bryant et al. Decision

Date: Oct 2, 2014
Standards for Recusal, Restraints, and Evidence Admissibility in Multi-Defendant Death Penalty Cases: The People v. Bryant et al. Decision Introduction The case of The People, Plaintiff and...
Enhanced Standards for Attempted Criminal Threats: People v. Chandler

Enhanced Standards for Attempted Criminal Threats: People v. Chandler

Date: Aug 29, 2014
Enhanced Standards for Attempted Criminal Threats: People v. Chandler Introduction People v. Ben Chandler, Jr. (60 Cal.4th 508, 2014-08-28) is a landmark decision by the Supreme Court of California...
Franchisor Vicarious Liability Determined by Control Over Day-to-Day Operations

Franchisor Vicarious Liability Determined by Control Over Day-to-Day Operations

Date: Aug 29, 2014
Franchisor Vicarious Liability Determined by Control Over Day-to-Day Operations Introduction The landmark case of Taylor Patterson v. Domino's Pizza, LLC addressed a pivotal question in employment...
The PEOPLE v. Lucas: Setting New Precedents in Criminal Consolidation and Cross-Admissibility

The PEOPLE v. Lucas: Setting New Precedents in Criminal Consolidation and Cross-Admissibility

Date: Aug 22, 2014
The PEOPLE v. Lucas: Setting New Precedents in Criminal Consolidation and Cross-Admissibility Introduction In The PEOPLE, Plaintiff and Respondent, v. David Allen Lucas, Defendant and Appellant (60...
The People v. Merriman (2014): Affirmation of Death Sentence and Evidentiary Standards

The People v. Merriman (2014): Affirmation of Death Sentence and Evidentiary Standards

Date: Aug 19, 2014
The People v. Merriman (2014): Affirmation of Death Sentence and Evidentiary Standards Introduction The People v. Justin James Merriman, 60 Cal.4th 1 (2014), is a seminal case from the Supreme Court...
Supreme Court Upholds SVP Commitment Standards and Addresses Prosecutorial Misconduct: Analysis of PEOPLE v. SHAZIER

Supreme Court Upholds SVP Commitment Standards and Addresses Prosecutorial Misconduct: Analysis of PEOPLE v. SHAZIER

Date: Aug 19, 2014
Supreme Court Upholds SVP Commitment Standards and Addresses Prosecutorial Misconduct: Analysis of PEOPLE v. SHAZIER Introduction In the landmark case of The People v. Dariel Shazier (60 Cal.4th...
Defining 'Willful, Deliberate, and Premeditated' in Sentencing: People v. Kel Commentary

Defining 'Willful, Deliberate, and Premeditated' in Sentencing: People v. Kel Commentary

Date: Aug 15, 2014
Defining 'Willful, Deliberate, and Premeditated' in Sentencing: People v. Kel Commentary Introduction People v. Kel, 59 Cal.4th 1113 (2014), is a significant decision by the Supreme Court of...
Affirmation of Change of Venue and Admissibility of Prior Sexual Conduct in Capital Cases: People v. McCurdy

Affirmation of Change of Venue and Admissibility of Prior Sexual Conduct in Capital Cases: People v. McCurdy

Date: Aug 15, 2014
Affirmation of Change of Venue and Admissibility of Prior Sexual Conduct in Capital Cases: People v. McCurdy Introduction People v. Gene Estel McCurdy is a landmark decision rendered by the Supreme...
Direct Adoption of Voter Initiatives Not Subject to Comprehensive CEQA Review: Insights from Tuolumne Jobs & Small Business Alliance v. Superior Court

Direct Adoption of Voter Initiatives Not Subject to Comprehensive CEQA Review: Insights from Tuolumne Jobs & Small Business Alliance v. Superior Court

Date: Aug 8, 2014
Direct Adoption of Voter Initiatives Not Subject to Comprehensive CEQA Review: Insights from Tuolumne Jobs & Small Business Alliance v. Superior Court Introduction The case of Tuolumne Jobs & Small...
Clarity Required for Special Circumstances in Death Penalty Cases: The People v. Carrasco Decision

Clarity Required for Special Circumstances in Death Penalty Cases: The People v. Carrasco Decision

Date: Aug 5, 2014
Clarity Required for Special Circumstances in Death Penalty Cases: The People v. Carrasco Decision Introduction The People v. Robert Carrasco (59 Cal.4th 924) is a landmark decision by the Supreme...
People v. Capistrano: Reinforcing Standards for Death Penalty Jury Qualification and Voir Dire

People v. Capistrano: Reinforcing Standards for Death Penalty Jury Qualification and Voir Dire

Date: Aug 5, 2014
People v. Capistrano: Reinforcing Standards for Death Penalty Jury Qualification and Voir Dire Introduction The case of The People, Plaintiff and Respondent, v. John Leo Capistrano, Defendant and...
Reversal of Death Penalty Due to Juror Misconduct: The People v. Hensley

Reversal of Death Penalty Due to Juror Misconduct: The People v. Hensley

Date: Aug 1, 2014
Reversal of Death Penalty Due to Juror Misconduct: The People v. Hensley Introduction The People v. Hensley is a pivotal judgment delivered by the Supreme Court of California on July 31, 2014. In...
FAAAA Preemption Does Not Bar UCL Claims for Employee Misclassification in Trucking Industry

FAAAA Preemption Does Not Bar UCL Claims for Employee Misclassification in Trucking Industry

Date: Jul 29, 2014
FAAAA Preemption Does Not Bar UCL Claims for Employee Misclassification in Trucking Industry Introduction In the landmark case The People ex rel. Kamala D. Harris, as Attorney General, etc.,...
Establishing Legitimacy of Multiple Grand Theft Convictions: People v. Whitmer

Establishing Legitimacy of Multiple Grand Theft Convictions: People v. Whitmer

Date: Jul 25, 2014
Establishing the Legitimacy of Multiple Grand Theft Convictions: People v. Whitmer Introduction People v. Jeffrey Allen Whitmer (59 Cal.4th 733) is a landmark decision by the Supreme Court of...
Comprehensive Analysis of People v. Ke: Special Circumstances, Admissibility of Evidence, and Sentencing Errors

Comprehensive Analysis of People v. Ke: Special Circumstances, Admissibility of Evidence, and Sentencing Errors

Date: Jul 25, 2014
Comprehensive Analysis of People v. Ke: Special Circumstances, Admissibility of Evidence, and Sentencing Errors Introduction People v. Ke (59 Cal.4th 672) is a significant judgment by the Supreme...
Reversal of Lying-in-Wait Special Circumstance and Striking Firearm Enhancements in People v. Hajek and Vo

Reversal of Lying-in-Wait Special Circumstance and Striking Firearm Enhancements in People v. Hajek and Vo

Date: Jul 24, 2014
Reversal of Lying-in-Wait Special Circumstance and Striking Firearm Enhancements in People v. Hajek and Vo Introduction In the landmark case of The People v. Stephen Edward Hajek and Loi Tan Vo (171...
Single Act, Multiple Convictions Do Not Constitute Multiple Strikes under California's Three Strikes Law

Single Act, Multiple Convictions Do Not Constitute Multiple Strikes under California's Three Strikes Law

Date: Jul 11, 2014
Single Act, Multiple Convictions Do Not Constitute Multiple Strikes under California's Three Strikes Law Introduction In People v. Vargas (59 Cal.4th 635, 2014), the Supreme Court of California...
Prejudicial Juror Misconduct and the Right to an Impartial Jury: People v. Weatherton

Prejudicial Juror Misconduct and the Right to an Impartial Jury: People v. Weatherton

Date: Jul 8, 2014
Prejudicial Juror Misconduct and the Right to an Impartial Jury: People v. Weatherton 1. Introduction People v. Fred Lewis Weatherton, 59 Cal.4th 589 (2014), is a landmark decision by the Supreme...
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