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  • Commentaries
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California Case Commentaries

Defining 'Substance Abuse' in Juvenile Dependency Jurisdiction: Analysis of In re N.R. v. O.R.

Defining 'Substance Abuse' in Juvenile Dependency Jurisdiction: Analysis of In re N.R. v. O.R.

Date: Dec 15, 2023
Defining 'Substance Abuse' in Juvenile Dependency Jurisdiction: Analysis of In re N.R. v. O.R. Introduction In re N.R., a Person Coming Under the Juvenile Court Law. v. O.R. is a landmark decision by...
Issue Preclusion and Resentencing under Senate Bill 1437: The People v. Curiel Decision

Issue Preclusion and Resentencing under Senate Bill 1437: The People v. Curiel Decision

Date: Nov 28, 2023
Issue Preclusion and Resentencing under Senate Bill 1437: The People v. Curiel Decision Introduction In the landmark case of The People v. Freddy Alfredo Curiel (15 Cal.5th 433), decided by the...
Remand for Resentencing Under Senate Bill 567: Enhancing Mitigating Circumstances in Sentencing – People v. Salazar

Remand for Resentencing Under Senate Bill 567: Enhancing Mitigating Circumstances in Sentencing – People v. Salazar

Date: Nov 21, 2023
Remand for Resentencing Under Senate Bill 567: Enhancing Mitigating Circumstances in Sentencing – People v. Salazar Introduction In the landmark case of People v. Norman Thomas Salazar, the Supreme...
Due Process and Timely Trial Rights in SVP Commitment Cases: Camacho v. Superior Court of Merced County

Due Process and Timely Trial Rights in SVP Commitment Cases: Camacho v. Superior Court of Merced County

Date: Sep 1, 2023
Due Process and Timely Trial Rights in SVP Commitment Cases: Camacho v. Superior Court of Merced County Introduction This commentary delves into the landmark decision of Ciro Camacho v. The Superior...
Schuller Sets New Precedent Requiring Imperfect Self-Defense Instructions as Constitutional Error

Schuller Sets New Precedent Requiring Imperfect Self-Defense Instructions as Constitutional Error

Date: Aug 18, 2023
Schuller Sets New Precedent: Imperfect Self-Defense Instructions as Constitutional Error Introduction In the landmark case The People v. Jason Carl Schuller (15 Cal.5th 237, 2023), the Supreme Court...
Establishing the Substantial Evidence Standard for Concurrent Intent in Attempted Murder: Insights from People v. Ahmed Mumin

Establishing the Substantial Evidence Standard for Concurrent Intent in Attempted Murder: Insights from People v. Ahmed Mumin

Date: Aug 18, 2023
Establishing the Substantial Evidence Standard for Concurrent Intent in Attempted Murder: Insights from People v. Ahmed Mumin Introduction In the landmark case of People v. Ahmed Mumin (15 Cal.5th...
Adolph v. Uber Technologies: California Supreme Court Affirms PAGA Standing for Collective Claims Amid Arbitration of Individual Claims

Adolph v. Uber Technologies: California Supreme Court Affirms PAGA Standing for Collective Claims Amid Arbitration of Individual Claims

Date: Jul 18, 2023
Adolph v. Uber Technologies: California Supreme Court Affirms PAGA Standing for Collective Claims Amid Arbitration of Individual Claims Introduction The case of Erik Adolph v. Uber Technologies, Inc....
California Supreme Court Sets Precedent on Employer Liability for COVID-19 Transmission to Employee Households

California Supreme Court Sets Precedent on Employer Liability for COVID-19 Transmission to Employee Households

Date: Jul 7, 2023
California Supreme Court Sets Precedent on Employer Liability for COVID-19 Transmission to Employee Households Introduction In the landmark case Corby Kuciemba et al. v. Victory Woodworks, Inc. (14...
Clarifying Implied Malice Murder and Aiding & Abetting: People v. Reyes

Clarifying Implied Malice Murder and Aiding & Abetting: People v. Reyes

Date: Jun 30, 2023
Clarifying Implied Malice Murder and Aiding & Abetting: People v. Reyes Introduction The case of The People v. Andres Quinonez Reyes (14 Cal.5th 981) represents a pivotal moment in California's legal...
Retroactive Application of Probation Term Reduction Under Assembly Bill 1950: People v. Prudholme

Retroactive Application of Probation Term Reduction Under Assembly Bill 1950: People v. Prudholme

Date: Jun 27, 2023
Retroactive Application of Probation Term Reduction Under Assembly Bill 1950: People v. Prudholme Introduction In People v. Prudholme, 14 Cal.5th 961 (2023), the Supreme Court of California addressed...
Double Jeopardy Implications in PEOPLE v. WILSON: A Comprehensive Analysis

Double Jeopardy Implications in PEOPLE v. WILSON: A Comprehensive Analysis

Date: Jun 9, 2023
Double Jeopardy Implications in PEOPLE v. WILSON: A Comprehensive Analysis Introduction PEOPLE v. WILSON (14 Cal.5th 839) is a landmark decision by the Supreme Court of California that addresses...
Pretrial Mental Health Diversion Must Be Requested Before Trial or Plea

Pretrial Mental Health Diversion Must Be Requested Before Trial or Plea

Date: Jun 6, 2023
Pretrial Mental Health Diversion Must Be Requested Before Trial or Plea Introduction In the landmark case People v. Cory Juan Braden, Jr. (14 Cal.5th 791, 2023), the Supreme Court of California...
Refining Gang Enhancement Criteria: Cooper v. People and the Retroactive Application of Assembly Bill 333

Refining Gang Enhancement Criteria: Cooper v. People and the Retroactive Application of Assembly Bill 333

Date: May 26, 2023
Refining Gang Enhancement Criteria: Cooper v. People and the Retroactive Application of Assembly Bill 333 Introduction Cooper v. The People (14 Cal.5th 735), adjudicated by the Supreme Court of...
Expanded Whistleblower Protections: Internal Disclosures Affirmed Under California Labor Code section 1102.5(b)

Expanded Whistleblower Protections: Internal Disclosures Affirmed Under California Labor Code section 1102.5(b)

Date: May 23, 2023
Expanded Whistleblower Protections: Internal Disclosures Affirmed Under California Labor Code section 1102.5(b) Introduction In the landmark case of THE PEOPLE ex rel. LILIA GARCIA-BROWER, as Labor...
Reinforcing Mandatory Express Declarations under Welfare and Institutions Code §702 for Juvenile Wobbler Offenses

Reinforcing Mandatory Express Declarations under Welfare and Institutions Code §702 for Juvenile Wobbler Offenses

Date: May 5, 2023
Reinforcing Mandatory Express Declarations under Welfare and Institutions Code §702 for Juvenile Wobbler Offenses Introduction The Supreme Court of California's decision in In re F.M., 14 Cal.5th 701...
Lease-Leaseback Arrangements Excluded from "Contracts" under Government Code §53511

Lease-Leaseback Arrangements Excluded from "Contracts" under Government Code §53511

Date: Apr 28, 2023
Lease-Leaseback Arrangements Excluded from "Contracts" under Government Code §53511 Introduction In the landmark case of Stephen K. Davis v. Fresno Unified School District (14 Cal.5th 671, 2023), the...
Design Immunity Does Not Bar Failure to Warn Claims: Supreme Court of California Upholds Tansavatdi v. City of Rancho Palos Verdes

Design Immunity Does Not Bar Failure to Warn Claims: Supreme Court of California Upholds Tansavatdi v. City of Rancho Palos Verdes

Date: Apr 28, 2023
Design Immunity Does Not Bar Failure to Warn Claims: Supreme Court of California Upholds Tansavatdi v. City of Rancho Palos Verdes 1. Introduction In the landmark decision of Tansavatdi v. City of...
Invalid Felony-Murder Theory Overturned: In re Tyree Ferrell

Invalid Felony-Murder Theory Overturned: In re Tyree Ferrell

Date: Apr 7, 2023
Invalid Felony-Murder Theory Overturned: In re Tyree Ferrell Introduction The case of In re Tyree Ferrell addresses the critical issue of jury instructions in second-degree murder convictions,...
Limitations on Extending Reunification Services Under California's Dependency Law: Michael G. v. Superior Court

Limitations on Extending Reunification Services Under California's Dependency Law: Michael G. v. Superior Court

Date: Apr 7, 2023
Limitations on Extending Reunification Services Under California's Dependency Law: Michael G. v. Superior Court Introduction In the landmark case Michael G. et al. v. The Superior Court of Orange...
Reaffirming the Standard of Harmless Error for Alternative-Theory Errors in Aiding and Abetting First Degree Murder: In re RICO Ricardo Lopez

Reaffirming the Standard of Harmless Error for Alternative-Theory Errors in Aiding and Abetting First Degree Murder: In re RICO Ricardo Lopez

Date: Apr 4, 2023
Reaffirming the Standard of Harmless Error for Alternative-Theory Errors in Aiding and Abetting First Degree Murder: In re RICO Ricardo Lopez Introduction The case of In re RICO Ricardo Lopez (14...
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