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  • Commentaries
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California Case Commentaries

Judicial Disqualification on Due Process Grounds: The Freeman Decision and Its Implications

Judicial Disqualification on Due Process Grounds: The Freeman Decision and Its Implications

Date: Jan 22, 2010
Judicial Disqualification on Due Process Grounds: The Freeman Decision and Its Implications Introduction In the landmark case of THE PEOPLE v. MARILYN KAYE FREEMAN (47 Cal.4th 993, 2010), the Supreme...
Affirmation of Death Sentence and Juror Impartiality Standards in People v. Martinez

Affirmation of Death Sentence and Juror Impartiality Standards in People v. Martinez

Date: Jan 15, 2010
Affirmation of Death Sentence and Juror Impartiality Standards in People v. Martinez Introduction Case: The People, Plaintiff and Respondent, v. Tommy Jesse Martinez, Defendant and Appellant. Court:...
Supreme Court of California Clarifies Interaction Between Code Civ. Proc. §1033(a) and FEHA's Attorney Fee Provision

Supreme Court of California Clarifies Interaction Between Code Civ. Proc. §1033(a) and FEHA's Attorney Fee Provision

Date: Jan 15, 2010
Supreme Court of California Clarifies Interaction Between Code Civ. Proc. §1033(a) and FEHA's Attorney Fee Provision Introduction The case of Robert Chavez v. City of Los Angeles et al. (47 Cal.4th...
Affirmation of Competence Standards for Self-Representation in Capital Cases: People v. Taylor

Affirmation of Competence Standards for Self-Representation in Capital Cases: People v. Taylor

Date: Dec 25, 2009
Affirmation of Competence Standards for Self-Representation in Capital Cases: People v. Taylor Introduction People v. Keith Desmond Taylor is a landmark decision by the Supreme Court of California,...
Restricting Supplemental Briefs in Indigent Parents' Appeals of Parental Rights Terminations

Restricting Supplemental Briefs in Indigent Parents' Appeals of Parental Rights Terminations

Date: Dec 22, 2009
Restricting Supplemental Briefs in Indigent Parents' Appeals of Parental Rights Terminations Introduction In re PHOENIX H. et al., Persons Coming Under the Juvenile Court Law. (47 Cal.4th 835) is a...
Termination of Parental Rights and Adoption: Insights from In re I.W. v. Santa Clara County DFCS

Termination of Parental Rights and Adoption: Insights from In re I.W. v. Santa Clara County DFCS

Date: Dec 16, 2009
Termination of Parental Rights and Adoption: Insights from In re I.W. v. Santa Clara County Department of Family and Children's Services Introduction The case In re I.W. et al. involves the Santa...
Reaffirming the Boundaries of Self-Representation: PEOPLE v. BUTLER Establishes Critical Safeguards

Reaffirming the Boundaries of Self-Representation: PEOPLE v. BUTLER Establishes Critical Safeguards

Date: Dec 11, 2009
Reaffirming the Boundaries of Self-Representation: PEOPLE v. BUTLER Establishes Critical Safeguards Introduction The landmark case, The People v. Raymond Oscar Butler (47 Cal.4th 814, 2009), marks a...
Affirmation of Dennis Newton Ervine's Death Sentence Amidst Sixth Amendment Claims

Affirmation of Dennis Newton Ervine's Death Sentence Amidst Sixth Amendment Claims

Date: Dec 8, 2009
Affirmation of Dennis Newton Ervine's Death Sentence Amidst Sixth Amendment Claims Introduction In the landmark case of The PEOPLE v. DENNIS Newton Ervine (47 Cal.4th 745, 2009), the Supreme Court of...
Roby v. McKesson: Supreme Court of California Clarifies Punitive Damages and Distinguishes Harassment from Discrimination under FEHA

Roby v. McKesson: Supreme Court of California Clarifies Punitive Damages and Distinguishes Harassment from Discrimination under FEHA

Date: Dec 1, 2009
Roby v. McKesson: Supreme Court of California Clarifies Punitive Damages and Distinguishes Harassment from Discrimination under FEHA Introduction In the landmark case of Charlene J. Roby v. McKesson...
Costco Wholesale Corporation v. Superior Court of Los Angeles County: Upholding Attorney-Client Privilege

Costco Wholesale Corporation v. Superior Court of Los Angeles County: Upholding Attorney-Client Privilege

Date: Dec 1, 2009
Costco Wholesale Corporation v. Superior Court of Los Angeles County: Upholding Attorney-Client Privilege Introduction In the landmark case of Costco Wholesale Corporation v. The Superior Court of...
Reaffirmation of Certificate of Probable Cause Requirement in Appeals for Ineffective Assistance of Counsel in Guilty Plea Withdrawals

Reaffirmation of Certificate of Probable Cause Requirement in Appeals for Ineffective Assistance of Counsel in Guilty Plea Withdrawals

Date: Nov 24, 2009
Reaffirmation of Certificate of Probable Cause Requirement in Appeals for Ineffective Assistance of Counsel in Guilty Plea Withdrawals Introduction The People v. Timothy Johnson (47 Cal.4th 668,...
First-Degree Murder Liability Affirmed in Provocative Act Murder Cases with Personal Mens Rea Requirement

First-Degree Murder Liability Affirmed in Provocative Act Murder Cases with Personal Mens Rea Requirement

Date: Nov 13, 2009
First-Degree Murder Liability Affirmed in Provocative Act Murder Cases with Personal Mens Rea Requirement Introduction In the landmark case of The People v. Reyas Concha et al. (47 Cal.4th 653,...
Non-Prejudicial Presence of Courtroom Deputies Adjacent to Defendants Testifying

Non-Prejudicial Presence of Courtroom Deputies Adjacent to Defendants Testifying

Date: Nov 6, 2009
Non-Prejudicial Presence of Courtroom Deputies Adjacent to Defendants Testifying: Establishing a New Legal Standard Introduction In the landmark case The People v. Lorenzo Stevens (47 Cal.4th 625,...
Forfeiture Provisions in Employee Incentive Plans: Insights from SCHACHTER v. CITIGROUP, INC.

Forfeiture Provisions in Employee Incentive Plans: Insights from SCHACHTER v. CITIGROUP, INC.

Date: Nov 3, 2009
Forfeiture Provisions in Employee Incentive Plans: Insights from SCHACHTER v. CITIGROUP, INC. Introduction SCHACHTER v. CITIGROUP, INC. (47 Cal.4th 610, 2009) is a landmark case decided by the...
Revisiting No Contest Clauses: California's Stance on Mental Capacity Challenges in Trusts

Revisiting No Contest Clauses: California's Stance on Mental Capacity Challenges in Trusts

Date: Oct 30, 2009
Revisiting No Contest Clauses: California's Stance on Mental Capacity Challenges in Trusts Introduction The case of Robert L. Johnson, as Cotrustee, etc., Plaintiff and Respondent, v. Kathryn A....
Voluntariness of Confessions in Death Penalty Cases: Upholding Admissibility Based on Totality of Circumstances

Voluntariness of Confessions in Death Penalty Cases: Upholding Admissibility Based on Totality of Circumstances

Date: Oct 16, 2009
Voluntariness of Confessions in Death Penalty Cases: Upholding Admissibility Based on Totality of Circumstances Introduction In the case of The PEOPLE v. RICHard Allen McWhorter (47 Cal.4th 318,...
Clarifying the Application of §12022.53(c) Sentence Enhancements in Conjunction with §186.22(b)(4) Penalty Provisions

Clarifying the Application of §12022.53(c) Sentence Enhancements in Conjunction with §186.22(b)(4) Penalty Provisions

Date: Sep 1, 2009
Clarifying the Application of §12022.53(c) Sentence Enhancements in Conjunction with §186.22(b)(4) Penalty Provisions Introduction The case of The People v. Daniel Laquinn Jones (47 Cal.4th 566,...
Enhanced Sentencing Limitations in Gang-Related Firearm Offenses: Insights from People v. Brookfield

Enhanced Sentencing Limitations in Gang-Related Firearm Offenses: Insights from People v. Brookfield

Date: Sep 1, 2009
Enhanced Sentencing Limitations in Gang-Related Firearm Offenses: Insights from People v. Brookfield Introduction Case: The People v. Byron Jerome Brookfield Court: Supreme Court of California Date:...
Heat of Passion Not Sufficient for Voluntary Manslaughter: People v. Moye

Heat of Passion Not Sufficient for Voluntary Manslaughter: People v. Moye

Date: Aug 25, 2009
Heat of Passion Not Sufficient for Voluntary Manslaughter: People v. Moye Introduction In the landmark case of The People v. Alexander Moye, 47 Cal.4th 537 (2009), the Supreme Court of California...
Section 1170.1(f) Precludes Multiple Firearm-Based Sentence Enhancements: People v. Rodriguez

Section 1170.1(f) Precludes Multiple Firearm-Based Sentence Enhancements: People v. Rodriguez

Date: Aug 21, 2009
Section 1170.1(f) Precludes Multiple Firearm-Based Sentence Enhancements: People v. Rodriguez Introduction People v. Juan Rodriguez is a landmark decision by the Supreme Court of California, dated...
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