California Case Commentaries

Clarifying the Provocative Act Doctrine: The People v. Perla Gonzalez Decision

Date: Jul 6, 2012

Clarifying the Provocative Act Doctrine: The People v. Perla Gonzalez Decision Introduction In the landmark case of The People v. Perla Isabel Gonzalez (54 Cal.4th 643, 2012), the Supreme Court of...

Affirmation of Constitutional Safeguards in Death Penalty Retrials: Insights from PEOPLE v. McDOWELL

Date: Jun 26, 2012

Affirmation of Constitutional Safeguards in Death Penalty Retrials: Insights from PEOPLE v. McDOWELL Introduction People v. Charles McDowell, Jr. (54 Cal.4th 395) is a significant judgment delivered...

Affirmation of Separate Punishments for Multiple Violations Under the Same Statute: PEOPLE v. CORREA

Date: Jun 22, 2012

Affirmation of Separate Punishments for Multiple Violations Under the Same Statute: PEOPLE v. CORREA Introduction PEOPLE v. CORREA, 54 Cal.4th 331 (2012), is a landmark decision by the Supreme Court...

Single Punishment Precedence: Interpreting Penal Code Section 654 in People v. Jar

Date: Jun 22, 2012

Single Punishment Precedence: Interpreting Penal Code Section 654 in People v. Jar Introduction People v. Jar is a landmark decision by the Supreme Court of California, decided on June 21, 2012. This...

Affirmation of Death Sentence in First-Degree Murder Case: Upholding Jury Selection and Right to Counsel Standards

Date: Jun 8, 2012

Affirmation of Death Sentence in First-Degree Murder Case: Upholding Jury Selection and Right to Counsel Standards Introduction In The PEOPLE, Plaintiff and Respondent, v. Howard Larcell Streeter,...

Discretionary Imposition of Restitution Fines in Plea Agreements: People v. Villalobos

Date: Jun 5, 2012

Discretionary Imposition of Restitution Fines in Plea Agreements: People v. Villalobos Introduction In People v. Villalobos (54 Cal.4th 177, 2012), the Supreme Court of California addressed a...

California Supreme Court Establishes Limits on Multiple Punishment for Gang-Related Offenses under Penal Code Section 654

Date: Jun 5, 2012

California Supreme Court Establishes Limits on Multiple Punishment for Gang-Related Offenses under Penal Code Section 654 Introduction In The PEOPLE, Plaintiff and Respondent, v. Tommy Angel MESA, 54...

Joaquin Mena v. The People: Clarifying Appellate Rights to Challenge Denied Lineup Motions Without Prior Writ Review

Date: Jun 1, 2012

Joaquin Mena v. The People: Clarifying Appellate Rights to Challenge Denied Lineup Motions Without Prior Writ Review Introduction In the landmark case of Joaquin Mena v. The People (54 Cal.4th 146),...

Affirmation of Death Penalty and Proper Trial Procedures in People v. Souza

Date: Jun 1, 2012

Affirmation of Death Penalty and Proper Trial Procedures in People v. Souza Introduction The Supreme Court of California rendered a significant judgment in the case of The People v. Matthew A. Souza,...

Affirmation of Capital Sentencing Practices: People v. Jones

Date: May 8, 2012

Affirmation of Capital Sentencing Practices: People v. Jones Introduction People v. William Alfred Jones is a landmark decision by the Supreme Court of California, rendered on May 7, 2012. The case...

Expanding Venue Criteria Under Penal Code § 781: Supreme Court of California in The People v. Rayshon Derrick Thomas

Date: May 4, 2012

Expanding Venue Criteria Under Penal Code § 781: Supreme Court of California in The People v. Rayshon Derrick Thomas Introduction The case of The People, Plaintiff and Respondent, v. Rayshon Derrick...

California Supreme Court Limits Attorney's Fees in Section 226.7 Rest Break Claims: Kirby v. Immoos Fire Protection, Inc.

Date: May 1, 2012

California Supreme Court Limits Attorney's Fees in Section 226.7 Rest Break Claims: Kirby v. Immoos Fire Protection, Inc. Introduction In Anthony Kirby et al. v. Immoos Fire Protection, Inc. (53...

Broad Interpretation of Age in Penal Code Section 288.7: People v. Michael Da Cornett

Date: May 1, 2012

Broad Interpretation of Age in Penal Code Section 288.7: People v. Michael Da Cornett Introduction In the landmark case of The PEOPLE, Plaintiff and Respondent, v. Michael Da Cornett, the Supreme...

Affirmation of Trial Court's Discretion in Multi-Offense Felony Joinder and Sentencing Enhancements: The People v. John Myles Decision

Date: Apr 27, 2012

Affirmation of Trial Court's Discretion in Multi-Offense Felony Joinder and Sentencing Enhancements: The People v. John Myles Decision Introduction The case of The People v. John Myles (53 Cal.4th...

Reaffirming Confrontation Clause Protections and Gang Enhancements in Capital Sentencing: People v. Livingston

Date: Apr 27, 2012

Reaffirming Confrontation Clause Protections and Gang Enhancements in Capital Sentencing: People v. Livingston Introduction People v. Livingston (53 Cal.4th 1145, 2012) is a significant Supreme Court...

Waiver of Jury Trial and Victim Impact Evidence in People v. Weaver: A New Legal Precedent

Date: Apr 17, 2012

Waiver of Jury Trial and Victim Impact Evidence in People v. Weaver: A New Legal Precedent Introduction The Supreme Court of California's decision in The PEOPLE v. La Twon R. Weaver (53 Cal.4th 1056,...

California Supreme Court Sets New Standards for Class Certification in Meal and Rest Break Wage Claims

Date: Apr 13, 2012

California Supreme Court Sets New Standards for Class Certification in Meal and Rest Break Wage Claims Introduction In the landmark case Brinker Restaurant Corporation et al. v. The Superior Court of...

Supreme Court of California Confirms Strict Limitations Period for Third-Party Childhood Sexual Abuse Claims under Code of Civil Procedure § 340.1

Date: Mar 30, 2012

Supreme Court of California Confirms Strict Limitations Period for Third-Party Childhood Sexual Abuse Claims under Code of Civil Procedure § 340.1 Introduction In the landmark case of Terry Quarry et...

Affirmation of Death Sentence in People v. Abel: Analysis of Eyewitness Identification and Judicial Conduct

Date: Mar 20, 2012

Affirmation of Death Sentence in People v. Abel: Analysis of Eyewitness Identification and Judicial Conduct Introduction Case Title: The PEOPLE, Plaintiff and Respondent, v. John Clyde ABEL,...

Implied Malice in Second Degree Murder: Analysis of People v. Cravens

Date: Mar 15, 2012

Implied Malice in Second Degree Murder: Analysis of People v. Cravens Introduction In People v. Cravens (53 Cal.4th 500, 2012), the Supreme Court of California addressed a pivotal issue in criminal...