California Case Commentaries

Clarifying Judicial Discretion in Indicated Sentences: Insights from People v. Wesley Clancey

Date: May 23, 2013

Clarifying Judicial Discretion in Indicated Sentences: Insights from People v. Wesley Clancey Introduction The case of The People v. Wesley Cian Clancey (299 P.3d 131) adjudicated by the Supreme...

Affirming Trustee’s Authority to Void Foreclosure Sales Based on Procedural Errors: Da v. Biancalana

Date: May 17, 2013

Affirming Trustee’s Authority to Void Foreclosure Sales Based on Procedural Errors: Da v. Biancalana Introduction In Da v. Biancalana (56 Cal.4th 807, 2013), the Supreme Court of California addressed...

Impact of Wobbler Classification on Sentence Enhancements: People v. Park (2013)

Date: May 14, 2013

Impact of Wobbler Classification on Sentence Enhancements: People v. Park (2013) Introduction People v. Aaron Sung–Uk Park is a seminal decision by the Supreme Court of California that addresses the...

Extending Juvenile Court Jurisdiction: Impact of a Parent's Sexual Abuse on Sibling Dependency

Date: May 10, 2013

Extending Juvenile Court Jurisdiction: Impact of a Parent's Sexual Abuse on Sibling Dependency 1. Introduction The case In re I.J. et al. addresses the crucial issue of whether a parent's sexual...

Local Zoning Authority Upheld: State Medical Marijuana Laws Do Not Preempt City Bans on Dispensaries

Date: May 7, 2013

Local Zoning Authority Upheld: State Medical Marijuana Laws Do Not Preempt City Bans on Dispensaries Introduction The Supreme Court of California addressed a pivotal case involving the conflict...

Reversal of Felony Murder Conviction: Clarifying the Escape Rule in Continuous Transaction

Date: May 2, 2013

Reversal of Felony Murder Conviction: Clarifying the Escape Rule in Continuous Transaction Introduction The case of The PEOPLE v. Cole Allen Wilkins (56 Cal.4th 333) adjudicated by the Supreme Court...

Parole Supervision as Punishment: Affirming Accessory Liability in The People v. Jane Nuckles

Date: Apr 23, 2013

Parole Supervision as Punishment: Affirming Accessory Liability in The People v. Jane Nuckles Introduction The People v. Jane Nuckles (56 Cal.4th 601, 2013) is a significant decision by the Supreme...

Forfeiture of Appellate Rights to Challenge Booking Fees: People v. McCullough

Date: Apr 23, 2013

Forfeiture of Appellate Rights to Challenge Booking Fees: People v. McCullough Introduction In the landmark case of People v. Antoine J. McCullough, decided by the Supreme Court of California in...

Cal. Supreme Court Clarifies 'Tolling' in Probation Revocations: Jurisdiction Limited to Original Probation Period

Date: Apr 9, 2013

California Supreme Court Clarifies 'Tolling' in Probation Revocations: Jurisdiction Limited to Original Probation Period Introduction In the landmark case of The PEOPLE v. Jose LEIVA (56 Cal.4th 498,...

Reaffirming the Necessity of Jury Instructions on Accomplice Liability in California: People v. Delgado

Date: Apr 5, 2013

Reaffirming the Necessity of Jury Instructions on Accomplice Liability in California: People v. Delgado Introduction The case of The PEOPLE, Plaintiff and Respondent, v. Mildred DELGADO (56 Cal.4th...

Affirmation of Death Penalty Sentence in The People v. Michael Nevail Pearson

Date: Mar 22, 2013

The People v. Michael Nevail Pearson: Affirmation of Conviction and Death Sentence Introduction In The People, Plaintiff and Respondent, v. Michael Nevail Pearson (56 Cal.4th 393), the Supreme Court...

Marsy's Law Retroactive Application and Ex Post Facto Principles

Date: Mar 5, 2013

Marsy's Law Retroactive Application and Ex Post Facto Principles Introduction In re Michael D. Vicks on Habeas Corpus (56 Cal.4th 274) is a landmark decision by the Supreme Court of California that...

Affirmation of First-Degree Murder and Death Penalty in People v. Watkins: Upholding Jury Selection Standards and Evidentiary Sufficiency

Date: Feb 14, 2013

Affirmation of First-Degree Murder and Death Penalty in People v. Watkins: Upholding Jury Selection Standards and Evidentiary Sufficiency Introduction People v. Watkins is a landmark decision by the...

Substantial Discrimination Motive in Employment Termination: Insights from Harris v. City of Santa Monica

Date: Feb 8, 2013

Substantial Discrimination Motive in Employment Termination: Insights from Harris v. City of Santa Monica Introduction Wynona Harris v. City of Santa Monica, 56 Cal.4th 203 (2013), is a landmark case...

Reaffirming Procedural Safeguards and Jury Selection Standards in California Capital Cases: People v. Corey Williams

Date: Feb 8, 2013

Reaffirming Procedural Safeguards and Jury Selection Standards in California Capital Cases: People v. Corey Williams Introduction People v. Corey Leigh Williams is a landmark decision by the Supreme...

Comprehensive Commentary on The People v. Daniel Lee Whalen: Death Penalty Jury Selection Standards

Date: Feb 5, 2013

The People v. Daniel Lee Whalen: Death Penalty Jury Selection Standards Introduction The case of The People v. Daniel Lee Whalen (56 Cal.4th 1, 2013) serves as a significant precedent in California...

Expansion of Online Transaction Exemptions Under Civil Code §1747.08: Apple Inc. v. Superior Court of Los Angeles County

Date: Feb 5, 2013

Expansion of Online Transaction Exemptions Under Civil Code §1747.08: Apple Inc. v. Superior Court of Los Angeles County Introduction In the landmark case of Apple Inc. v. Superior Court of Los...

Aryeh v. Canon: Establishing Continuous Accrual Principles for Unfair Competition Claims

Date: Jan 25, 2013

Aryeh v. Canon: Establishing Continuous Accrual Principles for Unfair Competition Claims Introduction In Jamshid Aryeh v. Canon Business Solutions, Inc. (55 Cal.4th 1185, 2013), the Supreme Court of...

Overruling Pendergrass: Expanding the Fraud Exception to the Parol Evidence Rule in California

Date: Jan 15, 2013

Overruling Pendergrass: Expanding the Fraud Exception to the Parol Evidence Rule in California Introduction The case of Riverisland Cold Storage, Inc., et al. v. Fresno–Madera Production Credit...

Cedar Fair v. Nalwa: Extension of Primary Assumption of Risk Doctrine to Amusement Park Rides

Date: Jan 1, 2013

Cedar Fair v. Nalwa: Extension of Primary Assumption of Risk Doctrine to Amusement Park Rides Introduction In the landmark case of Smriti Nalwa v. Cedar Fair, L.P. (55 Cal.4th 1148, 2012), the...