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  • Commentaries
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California Case Commentaries

Multiple Sentence Enhancements and Penal Code §654: Establishing Legislative Intent in People v. Amir A. Ahmed

Multiple Sentence Enhancements and Penal Code §654: Establishing Legislative Intent in People v. Amir A. Ahmed

Date: Dec 23, 2011
Multiple Sentence Enhancements and Penal Code §654: Establishing Legislative Intent in People v. Amir A. Ahmed Introduction In the landmark case The People v. Amir A. Ahmed, the Supreme Court of...
Affirmation of Death Sentence Upholding Jury Pre-Screening and Expert Testimony Standards

Affirmation of Death Sentence Upholding Jury Pre-Screening and Expert Testimony Standards

Date: Dec 20, 2011
Affirmation of Death Sentence Upholding Jury Pre-Screening and Expert Testimony Standards Introduction In the landmark case of The PEOPLE, Plaintiff and Respondent, v. Susan Dianne Eubanks, Defendant...
Clarifying Juvenile Commitment Criteria: California Supreme Court Establishes Strict Eligibility under Sections 731(a)(4) and 733(c)

Clarifying Juvenile Commitment Criteria: California Supreme Court Establishes Strict Eligibility under Sections 731(a)(4) and 733(c)

Date: Dec 13, 2011
Clarifying Juvenile Commitment Criteria: California Supreme Court Establishes Strict Eligibility under Sections 731(a)(4) and 733(c) Introduction In the landmark decision In re C.H. (53 Cal.4th 94,...
Reinforcing Marsden: Criteria for Appointing Substitute Counsel in California

Reinforcing Marsden: Criteria for Appointing Substitute Counsel in California

Date: Dec 6, 2011
Reinforcing Marsden: Criteria for Appointing Substitute Counsel in California Introduction The People v. Luis Oscar Sanchez (53 Cal.4th 80, 2011) is a landmark decision by the Supreme Court of...
Reaffirming Juror Independence: Analysis of People v. Allen and Johnson

Reaffirming Juror Independence: Analysis of People v. Allen and Johnson

Date: Dec 6, 2011
Reaffirming Juror Independence: Analysis of People v. Allen and Johnson Introduction People v. Michael Allen and Cleamon Johnson, 53 Cal.4th 60 (2011), adjudicated by the Supreme Court of California,...
Supreme Court of California Affirms Death Penalty in First-Degree Felony Murder with Attempted Oral Copulation Special Circumstance

Supreme Court of California Affirms Death Penalty in First-Degree Felony Murder with Attempted Oral Copulation Special Circumstance

Date: Nov 29, 2011
Supreme Court of California Affirms Death Penalty in First-Degree Felony Murder with Attempted Oral Copulation Special Circumstance Introduction The case of The PEOPLE v. Ronnie Dale DEMENT (53...
California Supreme Court Establishes Implied Contracts Can Confer Vested Rights to Retired Employees' Health Benefits

California Supreme Court Establishes Implied Contracts Can Confer Vested Rights to Retired Employees' Health Benefits

Date: Nov 22, 2011
California Supreme Court Establishes Implied Contracts Can Confer Vested Rights to Retired Employees' Health Benefits Introduction Case Name: RETIRED EMPLOYEES ASSOCIATION OF ORANGE COUNTY, INC.,...
Affirmation of Jury-Determined Special Circumstances in Capital Murder: People v. Ronald Bruce Mendoza

Affirmation of Jury-Determined Special Circumstances in Capital Murder: People v. Ronald Bruce Mendoza

Date: Nov 11, 2011
Affirmation of Jury-Determined Special Circumstances in Capital Murder: People v. Ronald Bruce Mendoza Introduction People v. Ronald Bruce Mendoza, 52 Cal.4th 1056 (2011), addresses critical issues...
Reaffirming the Admissibility of Expert Hypotheticals in Gang-Related Assault Cases: People v. Xue Vang

Reaffirming the Admissibility of Expert Hypotheticals in Gang-Related Assault Cases: People v. Xue Vang

Date: Nov 1, 2011
Reaffirming the Admissibility of Expert Hypotheticals in Gang-Related Assault Cases: People v. Xue Vang Introduction In the landmark case People v. Xue Vang (52 Cal.4th 1038, 2011), the Supreme Court...
People v. Royal Clark: Comprehensive Commentary on Judicial Decision

People v. Royal Clark: Comprehensive Commentary on Judicial Decision

Date: Aug 30, 2011
People v. Royal Clark: Comprehensive Commentary on Judicial Decision Introduction People v. Royal Clark (52 Cal.4th 856) is a pivotal case adjudicated by the Supreme Court of California on August 29,...
Privette Rule Affirmed: Hirer's Non-Liability Despite Failure to Comply with Cal-OSHA Safety Standards

Privette Rule Affirmed: Hirer's Non-Liability Despite Failure to Comply with Cal-OSHA Safety Standards

Date: Aug 23, 2011
Privette Rule Affirmed: Hirer's Non-Liability Despite Failure to Comply with Cal-OSHA Safety Standards Introduction The case of SeaBright Insurance Company, Plaintiff and Appellant, v. US Airways,...
Limitation on Medical Damages Recovery under the Collateral Source Rule: Howell v. Hamilton Meats

Limitation on Medical Damages Recovery under the Collateral Source Rule: Howell v. Hamilton Meats

Date: Aug 19, 2011
Limitation on Medical Damages Recovery under the Collateral Source Rule: Howell v. Hamilton Meats Introduction Rebecca Howell v. Hamilton Meats & Provisions, Inc., 52 Cal.4th 541 (2011), is a seminal...
Reversal of Dual Convictions in Aggravated Assault: Insights from People v. Milward

Reversal of Dual Convictions in Aggravated Assault: Insights from People v. Milward

Date: Aug 19, 2011
Reversal of Dual Convictions in Aggravated Assault: Insights from People v. Milward Introduction People v. Milward (52 Cal.4th 580, 2011) is a landmark decision by the Supreme Court of California...
People v. Castaneda: Jury Instruction Errors and Their Impact on Felony Murder Convictions in Capital Cases

People v. Castaneda: Jury Instruction Errors and Their Impact on Felony Murder Convictions in Capital Cases

Date: Aug 18, 2011
People v. Castaneda: Jury Instruction Errors and Their Impact on Felony Murder Convictions in Capital Cases Introduction People v. Gabriel Castaneda, 51 Cal.4th 1292 (2011), is a landmark decision by...
California Supreme Court Establishes Jurisdictional Boundaries for Mandamus Review of NPDES Permits and Reaffirms "Best Technology Available" Standards under the Clean Water Act

California Supreme Court Establishes Jurisdictional Boundaries for Mandamus Review of NPDES Permits and Reaffirms "Best Technology Available" Standards under the Clean Water Act

Date: Aug 16, 2011
California Supreme Court Establishes Jurisdictional Boundaries for Mandamus Review of NPDES Permits and Reaffirms "Best Technology Available" Standards under the Clean Water Act Introduction In the...
Cross-Admissibility of Evidence and Death Penalty Affirmed in THE PEOPLE v. David Lynn Scott III

Cross-Admissibility of Evidence and Death Penalty Affirmed in THE PEOPLE v. David Lynn Scott III

Date: Aug 12, 2011
Cross-Admissibility of Evidence and Death Penalty Affirmed in The People v. David Lynn Scott III Introduction The People v. David Lynn Scott III, 52 Cal.4th 452, is a landmark decision by the Supreme...
Harmless Error in Capital Sentencing Affirmed in People v. Gonzales

Harmless Error in Capital Sentencing Affirmed in People v. Gonzales

Date: Aug 11, 2011
Harmless Error in Capital Sentencing Affirmed in People v. Gonzales Introduction In The People, Plaintiff and Respondent, v. Veronica Utilia Gonzales, Defendant and Appellant (51 Cal.4th 894, 253...
Requiring Knowledge or Criminal Negligence for Section 424 Violations: Stark v. Superior Court

Requiring Knowledge or Criminal Negligence for Section 424 Violations: Stark v. Superior Court

Date: Aug 2, 2011
Requiring Knowledge or Criminal Negligence for Section 424 Violations: Stark v. Superior Court Introduction Robert E. Stark v. The Superior Court of Sutter County is a landmark decision by the...
Affirmation of Proper Joinder and Admissibility of Uncharged Crimes in Capital Murder Proceedings: People v. Correll Thomas

Affirmation of Proper Joinder and Admissibility of Uncharged Crimes in Capital Murder Proceedings: People v. Correll Thomas

Date: Jul 29, 2011
Affirmation of Proper Joinder and Admissibility of Uncharged Crimes in Capital Murder Proceedings: People v. Correll Thomas Introduction In the landmark case of The People v. Correll Lamont Thomas,...
Affirmation of Death Penalty in Gang-Related Capital Murders Involving Aiding and Abetting

Affirmation of Death Penalty in Gang-Related Capital Murders Involving Aiding and Abetting

Date: Jul 29, 2011
Affirmation of Death Penalty in Gang-Related Capital Murders Involving Aiding and Abetting Introduction In the case of The People v. John Anthony Gonzales and Michael Soliz (52 Cal.4th 254), the...
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