California Case Commentaries

All Sums with Stacking: California Supreme Court Sets New Precedent in Long-Tail Insurance Claims

Date: Sep 20, 2012

All Sums with Stacking: California Supreme Court Sets New Precedent in Long-Tail Insurance Claims Introduction The State of California found itself embroiled in a complex legal battle concerning the...

Prospective Application of Conduct Credit Amendments: The People v. Brown Decision

Date: Sep 13, 2012

Prospective Application of Conduct Credit Amendments: The People v. Brown Decision Introduction The California Supreme Court's decision in The People v. James Lee Brown III, 278 P.3d 1182 (2012),...

Interpreting the Eighth Amendment in Three Strikes Sentencing: Insights from In re Willie Clifford Coley

Date: Aug 31, 2012

Interpreting the Eighth Amendment in Three Strikes Sentencing: Insights from In re Willie Clifford Coley Introduction In In re Willie Clifford Coley, on Habeas Corpus (55 Cal.4th 524, 2012), the...

Affirmation of Constitutional 25-Year to Life Sentencing Under Three Strikes Law for Intentional Sex Offender Registration Violations: In re Willie Clifford Coley

Date: Aug 31, 2012

Affirmation of Constitutional 25-Year to Life Sentencing Under Three Strikes Law for Intentional Sex Offender Registration Violations: In re Willie Clifford Coley Introduction In re Willie Clifford...

Juvenile Courts' Discretion Under Section 782 Not Restricted by Section 733(c) in DJF Commitments

Date: Aug 28, 2012

Juvenile Courts' Discretion Under Section 782 Not Restricted by Section 733(c) in DJF Commitments Introduction In the landmark case of In re Greg F., the Supreme Court of California addressed a...

Harmless Error in Omitted Reasonable Doubt Instruction for Gang Offense Convictions

Date: Aug 28, 2012

Harmless Error in Omitted Reasonable Doubt Instruction for Gang Offense Convictions Introduction In the landmark case The People v. Anthony Aranda, Jr. (55 Cal.4th 342, 2012), the Supreme Court of...

Overruling the Common Law Release Rule: Leung v. Verdugo Hills Hospital

Date: Aug 24, 2012

Overruling the Common Law Release Rule: Leung v. Verdugo Hills Hospital Introduction Leung v. Verdugo Hills Hospital (55 Cal.4th 291, 2012) is a landmark decision by the Supreme Court of California...

Life Without Parole for Juvenile Nonhomicide Offenders Constitutes Cruel and Unusual Punishment: In re Rodrigo Caballero

Date: Aug 17, 2012

Life Without Parole for Juvenile Nonhomicide Offenders Constitutes Cruel and Unusual Punishment: In re Rodrigo Caballero Introduction In the landmark case of The People v. Rodrigo Caballero, decided...

Pinnacle Arbitration Enforceability in Common Interest Developments

Date: Aug 17, 2012

Pinnacle Arbitration Enforceability in Common Interest Developments Introduction In the landmark case of Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC, the Supreme Court...

Binding Arbitration Agreements in Homeowners Associations: Pinnacle Museum Tower Association v. Pinnacle Market Development

Date: Aug 17, 2012

Binding Arbitration Agreements in Homeowners Associations: Pinnacle Museum Tower Association v. Pinnacle Market Development Introduction In the landmark case Pinnacle Museum Tower Association v....

Affirming Officers' Authority to Clarify Ambiguous Miranda Waivers: People v. Sauceda–Contreras

Date: Aug 14, 2012

Affirming Officers' Authority to Clarify Ambiguous Miranda Waivers: People v. Jose Sauceda–Contreras Introduction People v. Jose Sauceda–Contreras (55 Cal.4th 203, 2012) is a landmark decision by the...

Protective Orders and Witness Confidentiality: Upholding Due Process in Gang-Related Death Penalty Cases

Date: Aug 10, 2012

Protective Orders and Witness Confidentiality: Upholding Due Process in Gang-Related Death Penalty Cases Introduction The case of The PEOPLE, Plaintiff and Respondent, v. Richard VALDEZ, Defendant...

Legitimate Distinction in Punishment for False Bomb and False WMD Statutes Upheld Under Equal Protection

Date: Aug 7, 2012

Legitimate Distinction in Punishment for False Bomb and False WMD Statutes Upheld Under Equal Protection Introduction In the landmark case of The People v. Barry Allen Turnage, 55 Cal.4th 62 (2012),...

Clarifying the Limits of Character Evidence in Capital Sentencing: People v. Gonzales

Date: Aug 3, 2012

Clarifying the Limits of Character Evidence in Capital Sentencing: People v. Gonzales Introduction In The People, Plaintiff and Respondent, v. Gonzales (54 Cal.4th 1234), the Supreme Court of...

Affirmation of Death Sentence and Modification of Carjacking Sentence in PEOPLE v. McKINZIE

Date: Aug 3, 2012

Affirmation of Death Sentence and Modification of Carjacking Sentence in PEOPLE v. McKINZIE Introduction In the landmark case of People v. Kenneth McKinzie (54 Cal.4th 1302, 2012), the Supreme Court...

Affirmed: Waiver of Jury Trial Rights in Section 6500 Civil Commitment Proceedings

Date: Jul 31, 2012

Affirmed: Waiver of Jury Trial Rights in Section 6500 Civil Commitment Proceedings Introduction In The People v. Christine Barrett (54 Cal.4th 1081, 2012), the Supreme Court of California addressed...

The Role of Suppression Motions and Forensic Evidence in Affirming Death Penalty Conviction: People v. Richard Christopher Tully

Date: Jul 31, 2012

The Role of Suppression Motions and Forensic Evidence in Affirming Death Penalty Conviction: People v. Richard Christopher Tully Introduction In People v. Richard Christopher Tully, 54 Cal.4th 952...

California Supreme Court Expands Evidence Code §1108 to Include Charged Sexual Offenses as Propensity Evidence – People v. Villatoro

Date: Jul 31, 2012

California Supreme Court Expands Evidence Code §1108 to Include Charged Sexual Offenses as Propensity Evidence – People v. Villatoro Introduction In the landmark case of The People v. Juan Jose...

Supreme Court of California Upholds Capital Murder Conviction in Keith Tyson Thomas Case

Date: Jul 24, 2012

Supreme Court of California Upholds Capital Murder Conviction in Keith Tyson Thomas Case Introduction The case of The PEOPLE v. Keith Tyson Thomas (54 Cal.4th 908) presents a pivotal decision by the...

Judicial Discretion Limited: Courts Cannot Overrule Statutory Disqualifications for Conduct Credits

Date: Jul 20, 2012

Judicial Discretion Limited: Courts Cannot Overrule Statutory Disqualifications for Conduct Credits Introduction Case: The PEOPLE, Plaintiff and Respondent, v. Ricardo Antonio LARA, Defendant and...

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