California Case Commentaries

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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...

California Supreme Court Clarifies Recovery of Attorney Fees: Distinction Between Appellate and Enforcement Costs in Elder Financial Abuse Cases

Date: Jul 8, 2014

California Supreme Court Clarifies Recovery of Attorney Fees: Distinction Between Appellate and Enforcement Costs in Elder Financial Abuse Cases Introduction In the case of Conservatorship of the...

Expansion of Architects’ Duty of Care to Homeowners in California

Date: Jul 4, 2014

Expansion of Architects’ Duty of Care to Homeowners in California Introduction In the landmark case Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP et al. (59 Cal.4th 568,...

Clarifying Class Certification in Employee Classification: California's Ayala v. Antelope Valley Newspapers Decision

Date: Jul 1, 2014

Clarifying Class Certification in Employee Classification: California's Ayala v. Antelope Valley Newspapers Decision Introduction In the landmark case of Maria Ayala et al. v. Antelope Valley...

Enhancing the Integrity of Jury Selection: Insights from People v. Sattiewhite

Date: Jul 1, 2014

Enhancing the Integrity of Jury Selection: Insights from People v. Sattiewhite Introduction People v. Christopher James Sattiewhite (59 Cal.4th 446, 2014) is a landmark decision by the Supreme Court...

Salas v. Sierra Chemical Co.: FEHA Claims and Federal Immigration Preemption

Date: Jun 27, 2014

Salas v. Sierra Chemical Co.: FEHA Claims and Federal Immigration Preemption Introduction Salas v. Sierra Chemical Co. (59 Cal.4th 407, 2014) is a landmark decision by the Supreme Court of California...