California Case Commentaries

Waiver of Jury Trial and Victim Impact Evidence in People v. Weaver: A New Legal Precedent

Date: Apr 17, 2012

Waiver of Jury Trial and Victim Impact Evidence in People v. Weaver: A New Legal Precedent Introduction The Supreme Court of California's decision in The PEOPLE v. La Twon R. Weaver (53 Cal.4th 1056,...

California Supreme Court Sets New Standards for Class Certification in Meal and Rest Break Wage Claims

Date: Apr 13, 2012

California Supreme Court Sets New Standards for Class Certification in Meal and Rest Break Wage Claims Introduction In the landmark case Brinker Restaurant Corporation et al. v. The Superior Court of...

Supreme Court of California Confirms Strict Limitations Period for Third-Party Childhood Sexual Abuse Claims under Code of Civil Procedure § 340.1

Date: Mar 30, 2012

Supreme Court of California Confirms Strict Limitations Period for Third-Party Childhood Sexual Abuse Claims under Code of Civil Procedure § 340.1 Introduction In the landmark case of Terry Quarry et...

Affirmation of Death Sentence in People v. Abel: Analysis of Eyewitness Identification and Judicial Conduct

Date: Mar 20, 2012

Affirmation of Death Sentence in People v. Abel: Analysis of Eyewitness Identification and Judicial Conduct Introduction Case Title: The PEOPLE, Plaintiff and Respondent, v. John Clyde ABEL,...

Implied Malice in Second Degree Murder: Analysis of People v. Cravens

Date: Mar 15, 2012

Implied Malice in Second Degree Murder: Analysis of People v. Cravens Introduction In People v. Cravens (53 Cal.4th 500, 2012), the Supreme Court of California addressed a pivotal issue in criminal...

Defining 'At' in Penal Code Section 246: Scope of Firearm Discharge Towards Occupied Motor Vehicles

Date: Mar 9, 2012

Defining 'At' in Penal Code Section 246: Scope of Firearm Discharge Towards Occupied Motor Vehicles Introduction The People v. Martin Manzo (53 Cal.4th 880) is a landmark decision by the Supreme...

Establishing Vicarious Liability for Negligent Supervision in Public Schools

Date: Mar 9, 2012

Establishing Vicarious Liability for Negligent Supervision in Public Schools Introduction The case of C.A., a Minor, etc., Plaintiff and Appellant, v. William S. Hart Union High School District et...

Correcting Sentencing Errors in Multi-Count Capital Cases: Commentary on People v. Regis Deon Thomas

Date: Feb 24, 2012

Correcting Sentencing Errors in Multi-Count Capital Cases: Commentary on People v. Regis Deon Thomas Introduction People v. Regis Deon Thomas, 53 Cal.4th 771 (2012), adjudicated by the Supreme Court...

Reaffirmation of Miranda Rights Waiver and Death Sentence in People v. Enraca

Date: Feb 7, 2012

Reaffirmation of Miranda Rights Waiver and Death Sentence in People v. Enraca Introduction Case Title: The PEOPLE, Plaintiff and Respondent, v. Sonny ENRACA, Defendant and Appellant. Court: Supreme...

Reaffirming Procedural Standards in Death Penalty Cases: People v. Fuiava

Date: Feb 7, 2012

Reaffirming Procedural Standards in Death Penalty Cases: People v. Fuiava Introduction In People v. Freddie Fuiava (53 Cal.4th 622, 2012), the Supreme Court of California upheld the death penalty...

People v. Brents: The Crucial Role of Jury Instructions in Special Circumstances Determination

Date: Feb 3, 2012

People v. Brents: The Crucial Role of Jury Instructions in Special Circumstances Determination Introduction People v. Gary Galen Brents, 53 Cal.4th 599 (2012), is a landmark decision by the Supreme...

Affirmation of Death Penalty and Upholding of Procedural Standards in People v. Marchand Elliott

Date: Feb 3, 2012

Affirmation of Death Penalty and Upholding of Procedural Standards in People v. Marchand Elliott Introduction People v. Marchand Elliott, 53 Cal.4th 535 (2012), represents a significant affirmation...

California Affirmation of Edwards: Standards for Denying Self-Representation in Criminal Proceedings

Date: Jan 31, 2012

California Affirmation of Edwards: Standards for Denying Self-Representation in Criminal Proceedings Introduction The case of The People v. Andrew D. Johnson, 53 Cal.4th 519 (2012), marks a...

Reevaluation of Felony-Murder Special Circumstances in People v. Mil

Date: Jan 24, 2012

Reevaluation of Felony-Murder Special Circumstances in People v. Mil Introduction People v. Eduardo Mil, Jr. (53 Cal.4th 400, 2012) is a landmark decision by the Supreme Court of California that...

Strict Liability Limited to Manufacturer's Products: California Supreme Court's Ruling in O'Neil v. Crane Co.

Date: Jan 13, 2012

Strict Liability Limited to Manufacturer's Products: California Supreme Court's Ruling in O'Neil v. Crane Co. Introduction In Barbara J. O'Neil et al. v. Crane Co. et al. (53 Cal.4th 335), the...

Adoption of the Davis Standard in Juvenile Post-Waiver Miranda Rights Invocations: People v. Nelson

Date: Jan 13, 2012

Adoption of the Davis Standard in Juvenile Post-Waiver Miranda Rights Invocations: People v. Nelson Introduction People v. Samuel Moses Nelson, 53 Cal.4th 367 (2012), is a landmark decision by the...

Reversal of Death Penalty Due to Improper Jury Exclusion in People v. Pearson

Date: Jan 10, 2012

Reversal of Death Penalty Due to Improper Jury Exclusion in People v. Pearson Introduction In the landmark case People v. Kevin Darnell Pearson (53 Cal.4th 306, 2012), the Supreme Court of California...

Legislative Authority to Dissolve Redevelopment Agencies Confirmed; Mandatory Continuation Payments Found Unconstitutional

Date: Dec 30, 2011

Legislative Authority to Dissolve Redevelopment Agencies Confirmed; Mandatory Continuation Payments Found Unconstitutional Introduction The case of California Redevelopment Association et al. v. Ana...

Clarifying the 'Some Evidence' Standard in Parole Suitability Reviews: Deference to Executive Discretion

Date: Dec 30, 2011

Clarifying the 'Some Evidence' Standard in Parole Suitability Reviews: Deference to Executive Discretion Introduction In re Richard Shaputis, on Habeas Corpus (53 Cal.4th 192) is a pivotal decision...

Supreme Court of California Clarifies Administrative Exemption Criteria in Harris v. Superior Court

Date: Dec 30, 2011

Supreme Court of California Clarifies Administrative Exemption Criteria in Harris v. Superior Court Introduction In Frances Harris et al. v. Superior Court of Los Angeles County (53 Cal.4th 170,...

Previous Next