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  • Commentaries
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California Case Commentaries

Clarifying the Criteria for Mentally Disordered Offender (MDO) Designation: People v. Harrison

Clarifying the Criteria for Mentally Disordered Offender (MDO) Designation: People v. Harrison

Date: Nov 1, 2013
Clarifying the Criteria for Mentally Disordered Offender (MDO) Designation: People v. Harrison Introduction In People v. Kelvin Harrison (57 Cal.4th 1211), the Supreme Court of California addressed...
Sonic–Calabasas A, Inc. v. Moreno: FAA Preemption of State Public Policy on Berman Hearing Waivers

Sonic–Calabasas A, Inc. v. Moreno: FAA Preemption of State Public Policy on Berman Hearing Waivers

Date: Oct 18, 2013
Sonic–Calabasas A, Inc. v. Moreno: FAA Preemption of State Public Policy on Berman Hearing Waivers Introduction Sonic–Calabasas A, Inc. v. Moreno (57 Cal.4th 1109, 2013) is a pivotal case decided by...
Reinforcing the One Final Judgment Rule: Badrudin Kurwa v. Mark B. Kislinger

Reinforcing the One Final Judgment Rule: Badrudin Kurwa v. Mark B. Kislinger

Date: Oct 4, 2013
Reinforcing the One Final Judgment Rule: Badrudin Kurwa v. Mark B. Kislinger Introduction Badrudin Kurwa v. Mark B. Kislinger et al. (57 Cal.4th 1097) is a pivotal decision by the Supreme Court of...
Affirmation of Death Sentence in Multiple-Murder Case Involving Mexican Mafia Conspiracy

Affirmation of Death Sentence in Multiple-Murder Case Involving Mexican Mafia Conspiracy

Date: Oct 3, 2013
Affirmation of Death Sentence in Multiple-Murder Case Involving Mexican Mafia Conspiracy Introduction The case at hand involves the State of California prosecuting Luis Maciel, the defendant, for...
Affirmation of Death Sentence Over Conflict of Interest and Batson Claims: An In-Depth Analysis of People v. Hung Thanh Mai

Affirmation of Death Sentence Over Conflict of Interest and Batson Claims: An In-Depth Analysis of People v. Hung Thanh Mai

Date: Oct 3, 2013
Affirmation of Death Sentence Over Conflict of Interest and Batson Claims: An In-Depth Analysis of People v. Hung Thanh Mai Introduction In the landmark case of The PEOPLE, Plaintiff and Respondent,...
Affirmation of Death Penalty in Complex Multiple Assault Case: Key Legal Principles and Implications

Affirmation of Death Penalty in Complex Multiple Assault Case: Key Legal Principles and Implications

Date: Oct 3, 2013
Affirmation of Death Penalty in Complex Multiple Assault Case: Key Legal Principles and Implications Introduction In the landmark case of The PEOPLE, Plaintiff and Respondent, v. Bryan Maurice JONES,...
Martinez v. The People: Expanding Relief Under Penal Code §1016.5 for Noncitizen Defendants

Martinez v. The People: Expanding Relief Under Penal Code §1016.5 for Noncitizen Defendants

Date: Sep 12, 2013
Martinez v. The People: Expanding Relief Under Penal Code §1016.5 for Noncitizen Defendants Introduction In the landmark case of The People v. Rodrigo Martinez Martinez (57 Cal.4th 555, 2013), the...
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...
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