California Case Commentaries

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,...

Striking Limits on Government Liability: Analysis of STATE DEPARTMENT OF STATE HOSPITALS et al. v. Elaina Novoa

Date: Jun 2, 2015

Striking Limits on Government Liability: Analysis of STATE DEPARTMENT OF STATE HOSPITALS et al. v. Elaina Novoa Introduction The case of State Department of State Hospitals et al. v. Elaina Novoa,...

Strengthening Double Jeopardy Protections: The Landmark Decision in People v. Trujeque

Date: May 29, 2015

Strengthening Double Jeopardy Protections: The Landmark Decision in People v. Trujeque Introduction People v. Tommy Adrian Trujeque, 61 Cal.4th 227 (2015), is a seminal case decided by the Supreme...

Presumption of Competency for Juveniles under Welfare and Institutions Code Section 709: In re R.V. Commentary

Date: May 19, 2015

Presumption of Competency for Juveniles under Welfare and Institutions Code Section 709: In re R.V. Commentary Introduction The Supreme Court of California's decision in In re R.V., a Person Coming...

Prior Serious Felony Enhancement Application in Second Strike Sentencing under California’s Three Strikes Law

Date: Apr 24, 2015

Prior Serious Felony Enhancement Application in Second Strike Sentencing under California’s Three Strikes Law Introduction The case of The PEOPLE, Plaintiff and Respondent, v. Darren Derae SASSER,...

The People v. Diaz: New Precedent on Cautionary Instructions for Criminal Threats

Date: Apr 7, 2015

The People v. Diaz: New Precedent on Cautionary Instructions for Criminal Threats Introduction In The People v. Diaz (345 P.3d 62, 2015), the Supreme Court of California addressed a pivotal issue...

Refining Jury Instructions on Extrajudicial Statements in Criminal Threats: Analysis of People v. Diaz

Date: Apr 7, 2015

Refining Jury Instructions on Extrajudicial Statements in Criminal Threats: Analysis of People v. Diaz Introduction People v. Diaz (60 Cal.4th 1176, 2015) presents a significant development in...

Defendants' Right to Appeal Denial of Compassionate Release: People v. Loper

Date: Mar 6, 2015

Defendants' Right to Appeal Denial of Compassionate Release: People v. Loper Introduction Case: The PEOPLE, Plaintiff and Respondent, v. James Alden LOPER, Defendant and Appellant. Court: Supreme...

Extending Carjacking to Residential Settings in Felony Murder: Commentary on People v. Johnson

Date: Feb 27, 2015

Extending Carjacking to Residential Settings in Felony Murder: Commentary on People v. Johnson Introduction In the landmark case of The PEOPLE, Plaintiff and Respondent, v. Jerrold Elwin JOHNSON,...

Affirmation of First Degree Murder and Carjacking in People v. Johnson

Date: Feb 27, 2015

Affirmation of First Degree Murder and Carjacking in People v. Johnson Introduction In the landmark case People v. Jerrold Elwin Johnson (343 P.3d 808), the Supreme Court of California addressed a...

Great Bodily Injury Enhancements Prohibited in Manslaughter Convictions: Analysis of People v. Cook

Date: Feb 6, 2015

Great Bodily Injury Enhancements Prohibited in Manslaughter Convictions: Analysis of People v. Cook Introduction People v. Victoria Samantha Cook (60 Cal.4th 922, 2015) is a landmark decision by the...

California Supreme Court Validates Mandatory Registration for Nonforcible Oral Copulation with Minors, Overruling Hofsheier

Date: Jan 30, 2015

California Supreme Court Validates Mandatory Registration for Nonforcible Oral Copulation with Minors, Overruling Hofsheier Introduction In the landmark case of James Richard Johnson v. Department of...

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