California Case Commentaries

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

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

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

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

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

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

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

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)

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

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

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

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

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

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

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...

People v. George Brett Williams: Affirmation of Death Penalty Judgment Amidst Alleged Racial Discrimination in Jury Selection

Date: Jun 20, 2013

People v. George Brett Williams: Affirmation of Death Penalty Judgment Amidst Alleged Racial Discrimination in Jury Selection Introduction In the landmark case of People v. George Brett Williams, 56...

Martinez v. Brownco Construction: Extending Section 998 to Multiple Settlement Offers

Date: Jun 11, 2013

Martinez v. Brownco Construction: Extending Section 998 to Multiple Settlement Offers Introduction In the landmark case of Raymond Martinez et al. v. Brownco Construction Company, Inc., the Supreme...

Supreme Court Clarifies Presence of Serious Bodily Injury in Mayhem Offenses

Date: Jun 11, 2013

Supreme Court Clarifies Presence of Serious Bodily Injury in Mayhem Offenses Introduction In the landmark decision of The PEOPLE v. Serafin Santana, 56 Cal.4th 999 (2013), the Supreme Court of...

Defining Boundaries: Voluntary Manslaughter and Felony-Murder in People v. Bryant

Date: Jun 4, 2013

Defining Boundaries: Voluntary Manslaughter and Felony-Murder in People v. Bryant Introduction The People v. Amalia Catherine Bryant is a landmark decision by the Supreme Court of California,...

County of Los Angeles v. SEIU: Affirming Union's Right to Obtain Employee Contact Information under California Law

Date: May 31, 2013

County of Los Angeles v. SEIU: Affirming Union's Right to Obtain Employee Contact Information under California Law Introduction The Supreme Court of California addressed a pivotal issue in labor...