California Case Commentaries

California Supreme Court Clarifies Gang Participation: Solo Felonies Excluded under Penal Code §186.22(a)

Date: Dec 28, 2012

California Supreme Court Clarifies Gang Participation: Solo Felonies Excluded under Penal Code §186.22(a) Introduction In the landmark case of The People v. Joe Rodriguez, Jr. (55 Cal.4th 1125,...

Enhancing the Confrontation Clause: People v. Rutterschmidt Establishes New Precedent on Testimonial Evidence

Date: Dec 13, 2012

Enhancing the Confrontation Clause: People v. Rutterschmidt Establishes New Precedent on Testimonial Evidence Introduction People v. Rutterschmidt (55 Cal.4th 650, 2012) is a significant decision by...

Non-Testimonial Nature of Autopsy Observations under the Sixth Amendment: People v. Dungo

Date: Dec 13, 2012

Non-Testimonial Nature of Autopsy Observations under the Sixth Amendment: People v. Dungo Introduction People v. Reynaldo Santos Dungo (55 Cal.4th 608, 2012) is a pivotal case addressing the...

Involuntary Manslaughter and Assault on a Child: Reevaluating Jury Instructions

Date: Dec 13, 2012

Involuntary Manslaughter and Assault on a Child: Reevaluating Jury Instructions Introduction The case of The PEOPLE, Plaintiff and Respondent, v. Reginald Wyatt, Defendant and Appellant (55 Cal.4th...

Strict Compliance Mandated for Government Claims Act §915 in Claims Against Public Entities

Date: Dec 7, 2012

Strict Compliance Mandated for Government Claims Act §915 in Claims Against Public Entities Introduction The landmark case of Hope DICAMPLI–MINTZ v. COUNTY OF SANTA CLARA, decided by the Supreme...

Double Jeopardy in Dual Jurisdiction Cases: The People v. Homick Decision

Date: Dec 4, 2012

Double Jeopardy in Dual Jurisdiction Cases: The People v. Homick Decision Introduction The People v. Steven Homick (55 Cal.4th 816) is a landmark decision by the Supreme Court of California that...

People v. Schmitz: Defining the Scope of Warrantless Vehicle Searches Based on Passenger Parole Status

Date: Dec 4, 2012

People v. Schmitz: Defining the Scope of Warrantless Vehicle Searches Based on Passenger Parole Status Introduction In the landmark case of People v. Schmitz (55 Cal.4th 909, 2012), the Supreme Court...

Application of the Coastal and Mello Acts to Mobilehome Park Conversions: Pacific Palisades Bowl v. City of Los Angeles

Date: Nov 30, 2012

Application of the Coastal and Mello Acts to Mobilehome Park Conversions: Pacific Palisades Bowl v. City of Los Angeles Introduction The case of Pacific Palisades Bowl Mobile Estates, LLC v. City of...

Sargon Enterprises v. University of Southern California: Reinforcing the Gatekeeper Role in Admitting Speculative Expert Testimony for Lost Profits

Date: Nov 27, 2012

Sargon Enterprises v. University of Southern California: Reinforcing the Gatekeeper Role in Admitting Speculative Expert Testimony for Lost Profits Introduction In the landmark case of Sargon...

People v. Sanders: California Supreme Court Upholds Distinct Firearm Possession Convictions While Limiting Punishments

Date: Nov 20, 2012

People v. Sanders: California Supreme Court Upholds Distinct Firearm Possession Convictions While Limiting Punishments Introduction Case: The People, Plaintiff and Respondent, v. Maurice D. Sanders,...

Reining in Abusive Habeas Corpus Petitions: Comprehensive Commentary on In re Reno (2012)

Date: Nov 1, 2012

Reining in Abusive Habeas Corpus Petitions: Comprehensive Commentary on In re Reno (2012) Introduction In the landmark decision In re Reno on Habeas Corpus (283 P.3d 1181, 2012), the Supreme Court of...

Sanity Presumption Instructions in Bifurcated California Murder Trials: A Comprehensive Analysis

Date: Oct 19, 2012

Sanity Presumption Instructions in Bifurcated California Murder Trials: A Comprehensive Analysis Introduction The case of The PEOPLE, Plaintiff and Respondent, v. Ahkin Ramond MILLS (55 Cal.4th 663)...

Confrontation Clause and Non-Testifying Expert Reports: Insights from People v. Virginia Hernandez Lopez

Date: Oct 16, 2012

Confrontation Clause and Non-Testifying Expert Reports: Insights from People v. Virginia Hernandez Lopez Introduction In the landmark case of People v. Virginia Hernandez Lopez (55 Cal.4th 569), the...

Clarifying the Application of the Indian Child Welfare Act in Juvenile Delinquency Proceedings: Insights from In re W.B., Jr.

Date: Sep 27, 2012

Clarifying the Application of the Indian Child Welfare Act in Juvenile Delinquency Proceedings: Insights from In re W.B., Jr. Introduction In the landmark case In re W.B., Jr., decided by the Supreme...

Affirmation of Death Penalty in Multiple First-Degree Murder Case: People v. Houston

Date: Sep 20, 2012

Affirmation of Death Penalty in Multiple First-Degree Murder Case: People v. Houston Introduction The case of The People v. Eric Christopher Houston (54 Cal.4th 1186) revolves around the horrific...

All Sums with Stacking: California Supreme Court Sets New Precedent in Long-Tail Insurance Claims

Date: Sep 20, 2012

All Sums with Stacking: California Supreme Court Sets New Precedent in Long-Tail Insurance Claims Introduction The State of California found itself embroiled in a complex legal battle concerning the...

Prospective Application of Conduct Credit Amendments: The People v. Brown Decision

Date: Sep 13, 2012

Prospective Application of Conduct Credit Amendments: The People v. Brown Decision Introduction The California Supreme Court's decision in The People v. James Lee Brown III, 278 P.3d 1182 (2012),...

Interpreting the Eighth Amendment in Three Strikes Sentencing: Insights from In re Willie Clifford Coley

Date: Aug 31, 2012

Interpreting the Eighth Amendment in Three Strikes Sentencing: Insights from In re Willie Clifford Coley Introduction In In re Willie Clifford Coley, on Habeas Corpus (55 Cal.4th 524, 2012), the...

Affirmation of Constitutional 25-Year to Life Sentencing Under Three Strikes Law for Intentional Sex Offender Registration Violations: In re Willie Clifford Coley

Date: Aug 31, 2012

Affirmation of Constitutional 25-Year to Life Sentencing Under Three Strikes Law for Intentional Sex Offender Registration Violations: In re Willie Clifford Coley Introduction In re Willie Clifford...

Juvenile Courts' Discretion Under Section 782 Not Restricted by Section 733(c) in DJF Commitments

Date: Aug 28, 2012

Juvenile Courts' Discretion Under Section 782 Not Restricted by Section 733(c) in DJF Commitments Introduction In the landmark case of In re Greg F., the Supreme Court of California addressed a...