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  • Commentaries
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California Case Commentaries

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...
Standing to Appeal Child Placement Orders After Parental Rights Termination: Analysis of In re K.C. (2011)

Standing to Appeal Child Placement Orders After Parental Rights Termination: Analysis of In re K.C. (2011)

Date: Jul 22, 2011
Standing to Appeal Child Placement Orders After Parental Rights Termination: Analysis of In re K.C. (2011) Introduction In the landmark case of In re K.C., 52 Cal.4th 231 (2011), the Supreme Court of...
Public Interest Standing and CEQA Compliance in SAVE THE PLASTIC BAG COALITION v. CITY OF MANHATTAN BEACH

Public Interest Standing and CEQA Compliance in SAVE THE PLASTIC BAG COALITION v. CITY OF MANHATTAN BEACH

Date: Jul 15, 2011
Public Interest Standing and CEQA Compliance in SAVE THE PLASTIC BAG COALITION v. CITY OF MANHATTAN BEACH Introduction The landmark case Save the Plastic Bag Coalition, Plaintiff and Respondent, v....
Effective Assistance of Counsel in Capital Trials: Insights from In re Mark Christopher Crew

Effective Assistance of Counsel in Capital Trials: Insights from In re Mark Christopher Crew

Date: Jul 12, 2011
Effective Assistance of Counsel in Capital Trials: Insights from In re Mark Christopher Crew Introduction The Supreme Court of California delivered a pivotal judgment in In re Mark Christopher Crew...
Affirmation of Admissibility of Prior Juvenile Violent Conduct in Capital Sentencing: People v. Bivert

Affirmation of Admissibility of Prior Juvenile Violent Conduct in Capital Sentencing: People v. Bivert

Date: Jul 12, 2011
Affirmation of Admissibility of Prior Juvenile Violent Conduct in Capital Sentencing: People v. Bivert Introduction People v. Kenneth Ray Bivert is a landmark decision by the Supreme Court of...
Specific Misdemeanor Statute Precludes General Felony in False Vehicle Theft Reporting

Specific Misdemeanor Statute Precludes General Felony in False Vehicle Theft Reporting

Date: Jul 8, 2011
Specific Misdemeanor Statute Precludes General Felony in False Vehicle Theft Reporting Introduction In the landmark case of The People v. Melissa Kay Murphy, the Supreme Court of California addressed...
California Labor Code's Overtime Provisions Apply to Nonresident Employees Working in California: Sullivan v. Oracle

California Labor Code's Overtime Provisions Apply to Nonresident Employees Working in California: Sullivan v. Oracle

Date: Jul 1, 2011
California Labor Code's Overtime Provisions Apply to Nonresident Employees Working in California: Sullivan v. Oracle Introduction The case of Donald Sullivan et al. v. Oracle Corporation et al. (51...
Refusal to Appoint Cocounsel in Self-Representation Cases: PEOPLE v. MOORE (2011) Commentary

Refusal to Appoint Cocounsel in Self-Representation Cases: PEOPLE v. MOORE (2011) Commentary

Date: Jun 24, 2011
Refusal to Appoint Cocounsel in Self-Representation Cases: PEOPLE v. MOORE (2011) Commentary Introduction The People v. Charles Edward Moore (51 Cal.4th 1104) is a landmark decision by the Supreme...
California Supreme Court Upholds State Medical Privacy Remedies Against Preemption by FCRA in Brown v. Mortensen

California Supreme Court Upholds State Medical Privacy Remedies Against Preemption by FCRA in Brown v. Mortensen

Date: Jun 17, 2011
California Supreme Court Upholds State Medical Privacy Remedies Against Preemption by FCRA in Brown v. Mortensen 1. Introduction Brown v. Mortensen (51 Cal.4th 1052, 2011) is a landmark decision by...
Admissibility of Separate Offenses as Predicate in Criminal Street Gang Activity: Insights from People v. Tran

Admissibility of Separate Offenses as Predicate in Criminal Street Gang Activity: Insights from People v. Tran

Date: Jun 14, 2011
Admissibility of Separate Offenses as Predicate in Criminal Street Gang Activity: Insights from People v. Tran Introduction The case of The People v. Quang Minh Tran (51 Cal.4th 1040, 253 P.3d 242)...
Clarifying Arson's Malice Requirement in Juvenile Law: In re V.V. and In re J.H.

Clarifying Arson's Malice Requirement in Juvenile Law: In re V.V. and In re J.H.

Date: Jun 7, 2011
Clarifying Arson's Malice Requirement in Juvenile Law: In re V.V. and In re J.H. Introduction In the landmark case of In re V.V., a Person Coming Under the Juvenile Court Law; The People, Plaintiff...
Clarifying the Intent Element in Robbery: Insights from People v. Anderson

Clarifying the Intent Element in Robbery: Insights from People v. Anderson

Date: Jun 3, 2011
Clarifying the Intent Element in Robbery: Insights from People v. Anderson Introduction Case: The People, Plaintiff and Respondent, v. Paul D. Anderson, Defendant and Appellant. Court: Supreme Court...
Pandering Statute Interpretation Expanded: People v. Zambia

Pandering Statute Interpretation Expanded: People v. Zambia

Date: Jun 3, 2011
Pandering Statute Interpretation Expanded: People v. Zambia Introduction People v. Zambia (51 Cal.4th 965, 2011) is a landmark decision by the Supreme Court of California that clarifies the scope of...
California Supreme Court Upholds Fiduciary Duties Over Anti-SLAPP in Attorney-Client Dispute: Oasis West Realty v. Goldman

California Supreme Court Upholds Fiduciary Duties Over Anti-SLAPP in Attorney-Client Dispute: Oasis West Realty v. Goldman

Date: May 17, 2011
California Supreme Court Upholds Fiduciary Duties Over Anti-SLAPP in Attorney-Client Dispute: Oasis West Realty v. Goldman Introduction The Supreme Court of California, in Oasis West Realty, LLC v....
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