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  • Commentaries
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California Case Commentaries

Ensuring Due Process in Class Actions: California Supreme Court Sets New Standards for Statistical Sampling in Employee Misclassification Cases

Ensuring Due Process in Class Actions: California Supreme Court Sets New Standards for Statistical Sampling in Employee Misclassification Cases

Date: May 30, 2014
Ensuring Due Process in Class Actions: California Supreme Court Sets New Standards for Statistical Sampling in Employee Misclassification Cases Introduction In the landmark case of Samuel Duran et...
Montes v. The People: Upholding Death Penalty Amid Discriminatory Prosecution Claims

Montes v. The People: Upholding Death Penalty Amid Discriminatory Prosecution Claims

Date: May 22, 2014
Montes v. The People: Upholding Death Penalty Amid Discriminatory Prosecution Claims Introduction Montes v. The People is a significant judgment by the Supreme Court of California adjudicating the...
Supreme Court Ruling: Realignment Act Not Applicable to Pre-October 2011 Suspended Sentences

Supreme Court Ruling: Realignment Act Not Applicable to Pre-October 2011 Suspended Sentences

Date: May 20, 2014
Supreme Court Ruling: Realignment Act Not Applicable to Pre-October 2011 Suspended Sentences Introduction In People v. James Russell Scott (58 Cal.4th 1415, 2014), the Supreme Court of California...
Strict Transmutation Requirements Affirmed for Community Property Life Insurance Policies

Strict Transmutation Requirements Affirmed for Community Property Life Insurance Policies

Date: May 16, 2014
Strict Transmutation Requirements Affirmed for Community Property Life Insurance Policies Introduction In re the Marriage of Frankie and Randy Valli (58 Cal.4th 1396) is a landmark decision by the...
Admissibility of Evidence, Batson Challenges, and Sentencing Enhancements in People v. Chism: A Comprehensive Analysis

Admissibility of Evidence, Batson Challenges, and Sentencing Enhancements in People v. Chism: A Comprehensive Analysis

Date: May 6, 2014
Admissibility of Evidence, Batson Challenges, and Sentencing Enhancements in People v. Chism: A Comprehensive Analysis Introduction People v. Calvin Dion Chism is a landmark decision by the Supreme...
California Supreme Court Abrogates Presumption of Life Without Parole for Juvenile Murderers, Emphasizing Judicial Discretion in Light of Miller v. Alabama

California Supreme Court Abrogates Presumption of Life Without Parole for Juvenile Murderers, Emphasizing Judicial Discretion in Light of Miller v. Alabama

Date: May 6, 2014
California Supreme Court Abrogates Presumption of Life Without Parole for Juvenile Murderers, Emphasizing Judicial Discretion in Light of Miller v. Alabama Introduction In the landmark decision of...
Exclusivity of Tax Code Remedies in Sales Tax Reimbursement Disputes: Lopezler v. Target Corporation

Exclusivity of Tax Code Remedies in Sales Tax Reimbursement Disputes: Lopezler v. Target Corporation

Date: May 2, 2014
Exclusivity of Tax Code Remedies in Sales Tax Reimbursement Disputes: Lopezler v. Target Corporation Introduction In the Supreme Court of California case Kimberly Loeffler et al. v. Target...
Conflict of Interest and Fair Trial Standards in The People v. William Lester Suff

Conflict of Interest and Fair Trial Standards in The People v. William Lester Suff

Date: Apr 29, 2014
Conflict of Interest and Fair Trial Standards in The People v. William Lester Suff Introduction The People v. William Lester Suff is a landmark judgment rendered by the Supreme Court of California on...
People v. Dewey Joe Duff: Affirmation of Death Verdict and Clarifications on Juror Exclusion and Evidence Admissibility

People v. Dewey Joe Duff: Affirmation of Death Verdict and Clarifications on Juror Exclusion and Evidence Admissibility

Date: Apr 17, 2014
People v. Dewey Joe Duff: Affirmation of Death Verdict and Clarifications on Juror Exclusion and Evidence Admissibility Introduction People v. Dewey Joe Duff (317 P.3d 1148) is a significant decision...
Victor D. Arriaga v. The People: No Certificate of Probable Cause Required and Preponderance of Evidence Standard under Penal Code §1016.5

Victor D. Arriaga v. The People: No Certificate of Probable Cause Required and Preponderance of Evidence Standard under Penal Code §1016.5

Date: Apr 8, 2014
No Certificate of Probable Cause Required and Preponderance of Evidence Standard under Penal Code §1016.5 Introduction The case of The People v. Victor D. Arriaga, 58 Cal.4th 950 (2014), adjudicated...
Establishing the Standard for Reversible Error in Jury Selection: People v. Black

Establishing the Standard for Reversible Error in Jury Selection: People v. Black

Date: Mar 28, 2014
Establishing the Standard for Reversible Error in Jury Selection: People v. Black Introduction People v. Charles Alex Black (58 Cal.4th 912, 2014) represents a pivotal decision by the Supreme Court...
Battery Not Recognized as a Lesser Included Offense of Lewd Conduct with a Minor: An Analysis of People v. Shockley

Battery Not Recognized as a Lesser Included Offense of Lewd Conduct with a Minor: An Analysis of People v. Shockley

Date: Feb 27, 2014
Battery Not Recognized as a Lesser Included Offense of Lewd Conduct with a Minor: An Analysis of People v. Shockley Introduction In the landmark case of The PEOPLE, Plaintiff and Respondent, v....
Expanding Civil Liability: California Supreme Court Holds Social Host Liable for Selling Alcohol to Intoxicated Minor – Ennabé v. Manosa

Expanding Civil Liability: California Supreme Court Holds Social Host Liable for Selling Alcohol to Intoxicated Minor – Ennabé v. Manosa

Date: Feb 25, 2014
Expanding Civil Liability: California Supreme Court Holds Social Host Liable for Selling Alcohol to Intoxicated Minor – Ennabé v. Manosa Introduction The landmark case of Ennabé v. Manosa (58 Cal.4th...
Affirmation of Death Sentence in Life Insurance-Fueled Double Murder Case: Procedural and Evidentiary Analysis

Affirmation of Death Sentence in Life Insurance-Fueled Double Murder Case: Procedural and Evidentiary Analysis

Date: Feb 21, 2014
Affirmation of Death Sentence in Life Insurance-Fueled Double Murder Case: Procedural and Evidentiary Analysis Introduction In the landmark case of The People v. Angelina Rodriguez, decided on...
No Mandamus Requirement for Whistleblower Claims Under Cal. Health and Safety Code §1278.5

No Mandamus Requirement for Whistleblower Claims Under Cal. Health and Safety Code §1278.5

Date: Feb 21, 2014
No Mandamus Requirement for Whistleblower Claims Under Cal. Health and Safety Code §1278.5 Introduction In the landmark case of Mark T. Fahlen v. Sutter Central Valley Hospitals et al. (58 Cal.4th...
Supreme Court Affirms Death Penalty and Aggravated Mayhem in People v. Manibusan

Supreme Court Affirms Death Penalty and Aggravated Mayhem in People v. Manibusan

Date: Jan 22, 2014
Supreme Court Affirms Death Penalty and Aggravated Mayhem in People v. Manibusan Introduction In People v. Joseph Kekoa Manibusan, the Supreme Court of California deliberated on the convictions of...
Battery Not a Lesser Included Offense of Lewd Conduct with a Child: Analysis of People v. Shockley

Battery Not a Lesser Included Offense of Lewd Conduct with a Child: Analysis of People v. Shockley

Date: Dec 27, 2013
Battery Not a Lesser Included Offense of Lewd Conduct with a Child: Analysis of People v. Shockley Introduction People v. Shockley (58 Cal.4th 400, 2013) is a landmark decision by the Supreme Court...
Attributing Pretrial Delays in Capital Murder Cases to Defendant: Comprehensive Analysis of People v. Robert Lee Williams Jr.

Attributing Pretrial Delays in Capital Murder Cases to Defendant: Comprehensive Analysis of People v. Robert Lee Williams Jr.

Date: Dec 20, 2013
Attributing Pretrial Delays in Capital Murder Cases to Defendant: Comprehensive Analysis of People v. Robert Lee Williams Jr. Introduction People v. Robert Lee Williams Jr. is a landmark decision by...
Affirmation of Felony-Murder Conviction and Death Penalty: An In-depth Analysis of People v. George Lopez Contreras

Affirmation of Felony-Murder Conviction and Death Penalty: An In-depth Analysis of People v. George Lopez Contreras

Date: Dec 13, 2013
Affirmation of Felony-Murder Conviction and Death Penalty: An In-depth Analysis of People v. George Lopez Contreras Introduction The People v. George Lopez Contreras, 58 Cal.4th 123 (2013), is a...
Defining the Sufficiency of Defense Counsel's Stipulation for Factual Basis under Penal Code §1192.5

Defining the Sufficiency of Defense Counsel's Stipulation for Factual Basis under Penal Code §1192.5

Date: Dec 6, 2013
Defining the Sufficiency of Defense Counsel's Stipulation for Factual Basis under Penal Code §1192.5 Introduction The People v. David Edward Palmer, 58 Cal.4th 110 (2013), addresses a critical aspect...
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