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  • Commentaries
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California Case Commentaries

Refining the Standard for Provocation in Voluntary Manslaughter: Insights from People v. Beltran

Refining the Standard for Provocation in Voluntary Manslaughter: Insights from People v. Beltran

Date: Aug 29, 2013
Refining the Standard for Provocation in Voluntary Manslaughter: Insights from People v. Beltran Introduction People v. Beltran (56 Cal.4th 935, 2013) is a landmark decision by the Supreme Court of...
California Supreme Court Establishes Limitation on Robbery Charges: Theft by False Pretenses Does Not Constitute Felonious Taking

California Supreme Court Establishes Limitation on Robbery Charges: Theft by False Pretenses Does Not Constitute Felonious Taking

Date: Aug 27, 2013
California Supreme Court Establishes Limitation on Robbery Charges: Theft by False Pretenses Does Not Constitute Felonious Taking Introduction In the landmark case of The PEOPLE v. Demetrius Lamont...
Affirmation of Death Sentence and Upholding Batson Standards in Jury Selection

Affirmation of Death Sentence and Upholding Batson Standards in Jury Selection

Date: Aug 27, 2013
Affirmation of Death Sentence and Upholding Batson Standards in Jury Selection Introduction In the landmark case The PEOPLE, Plaintiff and Respondent, v. Willie Leo Harris, Defendant and Appellant...
Affirmation of First-Degree Murder Conviction in People v. Edwards and its Implications on the Confrontation Clause

Affirmation of First-Degree Murder Conviction in People v. Edwards and its Implications on the Confrontation Clause

Date: Aug 23, 2013
Affirmation of First-Degree Murder Conviction in People v. Edwards and its Implications on the Confrontation Clause Introduction People v. Robert Mark Edwards, 57 Cal.4th 658 (2013), is a seminal...
Reasonable Use of Deadly Force: Preshooting Conduct in California - HAYES v. COUNTY OF SAN DIEGO

Reasonable Use of Deadly Force: Preshooting Conduct in California - HAYES v. COUNTY OF SAN DIEGO

Date: Aug 20, 2013
Reasonable Use of Deadly Force: Preshooting Conduct in California - HAYES v. COUNTY OF SAN DIEGO Introduction HAYES v. COUNTY OF SAN DIEGO is a landmark decision by the Supreme Court of California...
Material Error Requirement for Dismissing SVPA Commitments: Ke v. Reilly

Material Error Requirement for Dismissing SVPA Commitments: Ke v. Reilly

Date: Aug 20, 2013
Material Error Requirement for Dismissing SVPA Commitments: Ke v. Reilly Introduction Ke v. Reilly, adjudicated by the Supreme Court of California on August 19, 2013, addresses a pivotal issue...
Harmonizing State Tax Code: Proper Treatment of Intangible Assets in Property Valuation – Elk Hills Power, LLC v. Board of Equalization

Harmonizing State Tax Code: Proper Treatment of Intangible Assets in Property Valuation – Elk Hills Power, LLC v. Board of Equalization

Date: Aug 13, 2013
Harmonizing State Tax Code: Proper Treatment of Intangible Assets in Property Valuation – Elk Hills Power, LLC v. Board of Equalization Introduction The Elk Hills Power, LLC v. Board of Equalization...
CEQA Baseline Analysis: Supreme Court Upholds Future Conditions Baseline in Neighbors for Smart Rail v. Expo Authority

CEQA Baseline Analysis: Supreme Court Upholds Future Conditions Baseline in Neighbors for Smart Rail v. Expo Authority

Date: Aug 6, 2013
CEQA Baseline Analysis: Supreme Court Upholds Future Conditions Baseline in Neighbors for Smart Rail v. Expo Authority Introduction Neighbors for Smart Rail, the plaintiff and appellant, challenged...
California Supreme Court Affirms UCL Claims Independent of UIPA Violations in Zhang v. California Capital

California Supreme Court Affirms UCL Claims Independent of UIPA Violations in Zhang v. California Capital

Date: Aug 2, 2013
California Supreme Court Affirms UCL Claims Independent of UIPA Violations in Zhang v. California Capital Introduction The case of Yanting Zhang v. The Superior Court of San Bernardino County;...
Affirmation of UCL Claims Independent of UIPA Violations in Yanting Zhang v. Superior Court

Affirmation of UCL Claims Independent of UIPA Violations in Yanting Zhang v. Superior Court

Date: Aug 2, 2013
Affirmation of UCL Claims Independent of UIPA Violations in Yanting Zhang v. Superior Court Introduction The Supreme Court of California addressed a pivotal issue in the case of Yanting Zhang,...
Insufficient Evidence of MDMA as a Controlled Substance: People v. Davis

Insufficient Evidence of MDMA as a Controlled Substance: People v. Davis

Date: Jul 26, 2013
Insufficient Evidence of MDMA as a Controlled Substance: People v. Davis Introduction People v. Davis (57 Cal.4th 353, 2013) is a landmark decision by the Supreme Court of California that addresses...
Clarification on Admissibility of Propensity Evidence under Section 1108 for Minors Under 14: PEOPLE v. Cottone

Clarification on Admissibility of Propensity Evidence under Section 1108 for Minors Under 14: PEOPLE v. Cottone

Date: Jul 23, 2013
Clarification on Admissibility of Propensity Evidence under Section 1108 for Minors Under 14: PEOPLE v. Cottone Introduction PEOPLE v. Lee Vincent Cottone (57 Cal.4th 269) addresses critical issues...
Conspiracy to Commit Active Gang Participation: A New Precedent in California Law

Conspiracy to Commit Active Gang Participation: A New Precedent in California Law

Date: Jul 19, 2013
Conspiracy to Commit Active Gang Participation: A New Precedent in California Law Introduction The case of The People v. Corey Ray Johnson (57 Cal.4th 250) marks a significant development in...
People v. Smith: Clarifying Lesser-Included Offense Instruction under Penal Code Sections 69 and 148(a)(1)

People v. Smith: Clarifying Lesser-Included Offense Instruction under Penal Code Sections 69 and 148(a)(1)

Date: Jul 19, 2013
People v. Smith: Clarifying Lesser-Included Offense Instruction under Penal Code Sections 69 and 148(a)(1) Introduction People v. Dewone T. Smith (57 Cal.4th 232, 2013) is a landmark decision by the...
Due Process Compliance in Charter School Revocation: Today's Fresh Start, Inc. v. Los Angeles County Office of Education

Due Process Compliance in Charter School Revocation: Today's Fresh Start, Inc. v. Los Angeles County Office of Education

Date: Jul 12, 2013
Due Process Compliance in Charter School Revocation: Today's Fresh Start, Inc. v. Los Angeles County Office of Education Introduction In the landmark case of Today's Fresh Start, Inc. v. Los Angeles...
Affirmation of Death Penalty in People v. DeHoyos: Juror Selection and Evidentiary Standards Reinforced

Affirmation of Death Penalty in People v. DeHoyos: Juror Selection and Evidentiary Standards Reinforced

Date: Jul 9, 2013
Affirmation of Death Penalty in People v. DeHoyos: Juror Selection and Evidentiary Standards Reinforced Introduction People v. Richard Lucio DeHoyos is a landmark decision by the Supreme Court of...
Revised Standards for Jury Instructions and Juror Eligibility in Capital Cases: Insights from People v. Nunez and Satele

Revised Standards for Jury Instructions and Juror Eligibility in Capital Cases: Insights from People v. Nunez and Satele

Date: Jul 2, 2013
Revised Standards for Jury Instructions and Juror Eligibility in Capital Cases: Insights from People v. Nunez and Satele Introduction In the landmark case of People v. Daniel Nunez and William Tupua...
Plea Agreements Are Subject to Retroactive Legislative Changes Under California Law

Plea Agreements Are Subject to Retroactive Legislative Changes Under California Law

Date: Jul 2, 2013
Plea Agreements Are Subject to Retroactive Legislative Changes Under California Law Introduction The case of John Doe v. Kamala D. Harris revolved around the enforceability of plea agreements in...
California Supreme Court in People v. Linton: Upholding Confession Admissibility and Miranda Compliance in Capital Murder Conviction

California Supreme Court in People v. Linton: Upholding Confession Admissibility and Miranda Compliance in Capital Murder Conviction

Date: Jun 28, 2013
California Supreme Court in People v. Linton: Upholding Confession Admissibility and Miranda Compliance in Capital Murder Conviction Introduction The case of The People v. Daniel Andrew Linton,...
Mobility Allows Warrantless Seizure, Not Search: Insights from Robey v. Superior Court

Mobility Allows Warrantless Seizure, Not Search: Insights from Robey v. Superior Court

Date: Jun 28, 2013
Mobility Allows Warrantless Seizure, Not Search: Insights from Robey v. Superior Court Introduction The Supreme Court of California in Kewhan Robey v. The Superior Court of Santa Barbara County...
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