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  • Commentaries
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California Case Commentaries

Affirmation of Evidence Admissibility and Sentencing Standards in Capital Murder: People v. Michael Bernard Lewis

Affirmation of Evidence Admissibility and Sentencing Standards in Capital Murder: People v. Michael Bernard Lewis

Date: Jul 17, 2009
Affirmation of Evidence Admissibility and Sentencing Standards in Capital Murder: People v. Michael Bernard Lewis Introduction People v. Michael Bernard Lewis (46 Cal.4th 1255, 2009) is a landmark...
Admissibility of Partition Ratio Evidence in Generic DUI Cases: A New Precedent Established in People v. McNeal

Admissibility of Partition Ratio Evidence in Generic DUI Cases: A New Precedent Established in People v. McNeal

Date: Jul 10, 2009
Admissibility of Partition Ratio Evidence in Generic DUI Cases: A New Precedent Established in People v. McNeal Introduction People v. Timmie Lance McNeal, 46 Cal.4th 1183 (2009), is a landmark...
Reaffirmation of Prior Conviction Validity in Death Penalty Cases: Insights from People v. Robert Zane Curl

Reaffirmation of Prior Conviction Validity in Death Penalty Cases: Insights from People v. Robert Zane Curl

Date: Jul 9, 2009
Reaffirmation of Prior Conviction Validity in Death Penalty Cases: Insights from People v. Robert Zane Curl Introduction People v. Robert Zane Curl is a significant judgment delivered by the Supreme...
Affirmation of Death Sentence with Modified Sentencing for Second-Degree Murder in Multiple Homicide Case

Affirmation of Death Sentence with Modified Sentencing for Second-Degree Murder in Multiple Homicide Case

Date: Jul 7, 2009
Affirmation of Death Sentence with Modified Sentencing for Second-Degree Murder in Multiple Homicide Case Introduction In the landmark case of The People v. Ramon Jay Rogers (46 Cal.4th 1136), the...
Supreme Court of California Upholds 'Pervasive or Severe' Standard in Civil Code §51.9 Sexual Harassment Claims

Supreme Court of California Upholds 'Pervasive or Severe' Standard in Civil Code §51.9 Sexual Harassment Claims

Date: Jul 3, 2009
Supreme Court of California Upholds 'Pervasive or Severe' Standard in Civil Code §51.9 Sexual Harassment Claims Introduction In the landmark case of Suzan Hughes v. Christopher Pair, the Supreme...
Clarifying Felony-Murder Doctrine: Supreme Court of California Affirms Denial of Change of Venue in People v. Farley

Clarifying Felony-Murder Doctrine: Supreme Court of California Affirms Denial of Change of Venue in People v. Farley

Date: Jul 3, 2009
Clarifying Felony-Murder Doctrine: Supreme Court of California Affirms Denial of Change of Venue in People v. Farley Introduction In the landmark case of People v. Farley, the Supreme Court of...
Strict Standing Requirements under California’s Unfair Competition Law and LABOR CODE Private Attorneys General Act: Insights from Amalgamated Transit Union v. Superior Court

Strict Standing Requirements under California’s Unfair Competition Law and LABOR CODE Private Attorneys General Act: Insights from Amalgamated Transit Union v. Superior Court

Date: Jun 30, 2009
Strict Standing Requirements under California’s Unfair Competition Law and Labor Code Private Attorneys General Act Introduction The case of Amalgamated Transit Union, Local 1756, AFL-CIO, et al. v....
California Supreme Court Clarifies Class Action Requirements for Unfair Competition Law and PAGA Representative Actions

California Supreme Court Clarifies Class Action Requirements for Unfair Competition Law and PAGA Representative Actions

Date: Jun 30, 2009
California Supreme Court Clarifies Class Action Requirements for Unfair Competition Law and PAGA Representative Actions Introduction In the landmark case Jose A. Arias v. The Superior Court of San...
Clarifying Conduct Credit Eligibility under Penal Code Section 4019: The People v. Dieck Decision

Clarifying Conduct Credit Eligibility under Penal Code Section 4019: The People v. Dieck Decision

Date: Jun 26, 2009
Clarifying Conduct Credit Eligibility under Penal Code Section 4019: The People v. Dieck Decision Introduction The People v. Roland William Dieck (46 Cal.4th 934), adjudicated by the Supreme Court of...
Implied Mandatory Duties of Public Entities under Government Code § 815.6: Guzman v. County of Monterey

Implied Mandatory Duties of Public Entities under Government Code § 815.6: Guzman v. County of Monterey

Date: Jun 23, 2009
Implied Mandatory Duties of Public Entities under Government Code § 815.6: Guzman v. County of Monterey Introduction In Javier R. Guzman et al., Plaintiffs and Appellants, v. County of Monterey et...
Reaffirming Aider and Abettor Liability in Gang-Related Homicides: Analysis of The People v. Medina et al.

Reaffirming Aider and Abettor Liability in Gang-Related Homicides: Analysis of The People v. Medina et al.

Date: Jun 23, 2009
Reaffirming Aider and Abettor Liability in Gang-Related Homicides: Analysis of The People v. Medina et al. Introduction The People v. Jose Jesus Medina et al. (46 Cal.4th 913) is a landmark decision...
Affirmation of Death Sentence in Felony Murder Case: Upholding Miranda Waiver and Admissibility of Victim-Impact Evidence

Affirmation of Death Sentence in Felony Murder Case: Upholding Miranda Waiver and Admissibility of Victim-Impact Evidence

Date: Jun 16, 2009
Affirmation of Death Sentence in Felony Murder Case: Upholding Miranda Waiver and Admissibility of Victim-Impact Evidence Introduction This commentary provides an in-depth analysis of the Supreme...
Unruh Civil Rights Act Expanded: Damages for ADA Violations Without Proving Intentional Discrimination

Unruh Civil Rights Act Expanded: Damages for ADA Violations Without Proving Intentional Discrimination

Date: Jun 12, 2009
Unruh Civil Rights Act Expanded: Damages for ADA Violations Without Proving Intentional Discrimination Introduction Munson v. Del Taco, Inc. (46 Cal.4th 661, 2009) is a landmark decision by the...
Affirmation of Conviction and Death Sentence in PEOPLE v. DAVIS: Implications for Capital Punishment and Pretrial Procedures in High-Profile Cases

Affirmation of Conviction and Death Sentence in PEOPLE v. DAVIS: Implications for Capital Punishment and Pretrial Procedures in High-Profile Cases

Date: Jun 2, 2009
Affirmation of Conviction and Death Sentence in PEOPLE v. DAVIS: Implications for Capital Punishment and Pretrial Procedures in High-Profile Cases Introduction PEOPLE v. DAVIS, decided by the Supreme...
Appealability of Section 366.26(c)(3) Orders: A New California Supreme Court Precedent

Appealability of Section 366.26(c)(3) Orders: A New California Supreme Court Precedent

Date: May 29, 2009
Appealability of Section 366.26(c)(3) Orders: A New California Supreme Court Precedent Introduction The case of In re S.B. et al., Persons Coming Under the Juvenile Court Law (2009) 46 Cal.4th 529...
Collateral Estoppel in Civil Rights Litigation: Insights from Hernandez v. City of Pomona

Collateral Estoppel in Civil Rights Litigation: Insights from Hernandez v. City of Pomona

Date: May 29, 2009
Collateral Estoppel in Civil Rights Litigation: Insights from Hernandez v. City of Pomona Introduction The case of Bonnie Hernandez, as Administrator, etc., et al., Plaintiffs and Appellants versus...
Impact of Proposition 64 on Standing Requirements in UCL Class Actions: In re Tobacco II Cases

Impact of Proposition 64 on Standing Requirements in UCL Class Actions: In re Tobacco II Cases

Date: May 19, 2009
Impact of Proposition 64 on Standing Requirements in UCL Class Actions: In re Tobacco II Cases Introduction The Supreme Court of California's decision in In re Tobacco II Cases (46 Cal.4th 298, 2009)...
Silence at Jury Polling Does Not Constitute Disagreement under CCP §618: Keener v. Jeld-Wen, Inc.

Silence at Jury Polling Does Not Constitute Disagreement under CCP §618: Keener v. Jeld-Wen, Inc.

Date: May 8, 2009
Silence at Jury Polling Does Not Constitute Disagreement under CCP §618: Keener v. Jeld-Wen, Inc. Introduction Keener et al. v. Jeld-Wen, Inc. is a landmark decision by the Supreme Court of...
Totality of Circumstances and Discretion in Midtrial Revocation of Self-Representation: People v. Lawrence

Totality of Circumstances and Discretion in Midtrial Revocation of Self-Representation: People v. Lawrence

Date: May 1, 2009
Totality of Circumstances and Discretion in Midtrial Revocation of Self-Representation: People v. Lawrence Introduction People v. Ringo Lawrence (46 Cal.4th 186) is a landmark decision by the Supreme...
Conditional Reversal Standard Established for Erroneous Denial of Pitchess Discovery: People v. Gaines

Conditional Reversal Standard Established for Erroneous Denial of Pitchess Discovery: People v. Gaines

Date: May 1, 2009
Conditional Reversal Standard Established for Erroneous Denial of Pitchess Discovery: People v. Gaines Introduction In the landmark case of The People v. Rodney Louis Gaines (46 Cal.4th 172), the...
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