California Case Commentaries

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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...

Use of Prior Juvenile Adjudications for Sentence Enhancement Upheld under California's "Three Strikes" Law

Date: Aug 20, 2009

Use of Prior Juvenile Adjudications for Sentence Enhancement Upheld under California's "Three Strikes" Law Introduction The People v. Vince Vinhtuong Nguyen (46 Cal.4th 1007) is a pivotal decision by...

Reaffirming the Sufficiency of Written Confinement Orders in Juvenile Court Proceedings

Date: Aug 18, 2009

Reaffirming the Sufficiency of Written Confinement Orders in Juvenile Court Proceedings Introduction The case of In re JULIAN R. (47 Cal.4th 487) addressed critical procedural requirements in...

Martinez v. The People: Affirming Death Penalty and Clarifying Judicial Discretion in Capital Case Proceedings

Date: Aug 14, 2009

Martinez v. The People: Affirming Death Penalty and Clarifying Judicial Discretion in Capital Case Proceedings Introduction Martinez v. The People (47 Cal.4th 399, 2009) is a landmark decision by the...

Affirmation of Death Penalty in PEOPLE v. RAYmond Oscar Butler: Establishing Legal Precedents

Date: Aug 13, 2009

Affirmation of Death Penalty in PEOPLE v. RAYmond Oscar Butler: Establishing Legal Precedents Introduction PEOPLE v. RAYmond Oscar Butler is a significant 2009 decision by the Supreme Court of...

Affirmation Upholds Due Process and Identification Procedures in Capital Case: People v. Avila

Date: Aug 13, 2009

Affirmation Upholds Due Process and Identification Procedures in Capital Case: People v. Avila Introduction People v. Joseph Avila (46 Cal.4th 680, 2009) is a landmark decision by the Supreme Court...