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  • Commentaries
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California Case Commentaries

Voluntary Absence in Criminal Trials: Establishing Reasonable Timeframe for Defendant's Return - People v. Concepcion

Voluntary Absence in Criminal Trials: Establishing Reasonable Timeframe for Defendant's Return - People v. Concepcion

Date: Oct 28, 2008
Voluntary Absence in Criminal Trials: Establishing Reasonable Timeframe for Defendant's Return Introduction In The People v. Ryan Esteban Concepcion (45 Cal.4th 77, 2008), the Supreme Court of...
Equitable Tolling in FEHA Claims: Insights from McDonald v. Antelope Valley Community College District

Equitable Tolling in FEHA Claims: Insights from McDonald v. Antelope Valley Community College District

Date: Oct 28, 2008
Equitable Tolling in FEHA Claims: Insights from McDonald v. Antelope Valley Community College District Introduction In the landmark case of McDonald et al. v. Antelope Valley Community College...
Establishment of Hate Crime Special Circumstances and Intent through Prior Conduct: Analysis of People v. Gunner Jay Lindberg

Establishment of Hate Crime Special Circumstances and Intent through Prior Conduct: Analysis of People v. Gunner Jay Lindberg

Date: Aug 29, 2008
Establishment of Hate Crime Special Circumstances and Intent through Prior Conduct: Analysis of People v. Gunner Jay Lindberg Introduction In the landmark case of People v. Gunner Jay Lindberg (45...
Enhancing Sentencing in Sexual Offenses: Establishing Pregnancy as Great Bodily Injury

Enhancing Sentencing in Sexual Offenses: Establishing Pregnancy as Great Bodily Injury

Date: Aug 29, 2008
Enhancing Sentencing in Sexual Offenses: Establishing Pregnancy as Great Bodily Injury Introduction The case of The People v. Gary W. Cross (45 Cal.4th 58, 2008) addresses a critical aspect of...
Reaffirmation of Capital Murder Conviction: Implications for Jury Selection and Special Circumstances

Reaffirmation of Capital Murder Conviction: Implications for Jury Selection and Special Circumstances

Date: Aug 26, 2008
Reaffirmation of Capital Murder Conviction: Implications for Jury Selection and Special Circumstances Introduction The People v. Paul Joe Carasi is a landmark appellate decision by the Supreme Court...
California Supreme Court Upholds Contractual Judicial Review of Arbitration Awards and Remands Classwide Arbitration Determination

California Supreme Court Upholds Contractual Judicial Review of Arbitration Awards and Remands Classwide Arbitration Determination

Date: Aug 26, 2008
California Supreme Court Upholds Contractual Judicial Review of Arbitration Awards and Remands Classwide Arbitration Determination Introduction The case of Cable Connection, Inc. et al. v. DIRECTV,...
Shaputis v. State: Affirming the "Some Evidence" Standard in Parole Decisions

Shaputis v. State: Affirming the "Some Evidence" Standard in Parole Decisions

Date: Aug 22, 2008
Shaputis v. State: Affirming the "Some Evidence" Standard in Parole Decisions Introduction In the landmark case of In re Richard Shaputis on Habeas Corpus, 44 Cal.4th 1241 (2008), the Supreme Court...
Reinforcing Parole Suitability: In re Sandra Davis Lawrence Establishes 'Current Dangerousness' as Core Criterion

Reinforcing Parole Suitability: In re Sandra Davis Lawrence Establishes 'Current Dangerousness' as Core Criterion

Date: Aug 22, 2008
Reinforcing Parole Suitability: In re Sandra Davis Lawrence Establishes 'Current Dangerousness' as Core Criterion Introduction In the landmark case of In re Sandra Davis Lawrence on Habeas Corpus (44...
Expanded Interpretation of "Present Ability" in Assault under Penal Code §240: People v. Kenneth Wayne Chance

Expanded Interpretation of "Present Ability" in Assault under Penal Code §240: People v. Kenneth Wayne Chance

Date: Aug 19, 2008
Expanded Interpretation of "Present Ability" in Assault under Penal Code §240: People v. Kenneth Wayne Chance Introduction The case of People v. Kenneth Wayne Chance (44 Cal.4th 1164, 2008)...
Affirmation of Death Sentence Under Multiple Felony-Murder Special Circumstances

Affirmation of Death Sentence Under Multiple Felony-Murder Special Circumstances

Date: Aug 15, 2008
Affirmation of Death Sentence Under Multiple Felony-Murder Special Circumstances Introduction The People v. Keone Wallace (44 Cal.4th 1032, 2008) is a landmark decision by the Supreme Court of...
Vacating the Torture-Murder Special Circumstance in People v. John Mungia

Vacating the Torture-Murder Special Circumstance in People v. John Mungia

Date: Aug 15, 2008
Vacating the Torture-Murder Special Circumstance in People v. John Mungia Introduction In the landmark case People v. John Mungia, adjudicated by the Supreme Court of California on August 14, 2008,...
Affirmation of Capital Conviction in People v. Hovarter: Admissibility of Jailhouse Testimony and Prior Crimes Evidence

Affirmation of Capital Conviction in People v. Hovarter: Admissibility of Jailhouse Testimony and Prior Crimes Evidence

Date: Aug 12, 2008
Affirmation of Capital Conviction in People v. Hovarter: Admissibility of Jailhouse Testimony and Prior Crimes Evidence Introduction The case of The People v. Jackie Ray Hovarter (44 Cal.4th 983)...
Invalidity of Noncompetition Agreements Under section 16600: Raymond Edwards II v. Arthur Andersen LLP

Invalidity of Noncompetition Agreements Under section 16600: Raymond Edwards II v. Arthur Andersen LLP

Date: Aug 8, 2008
Invalidity of Noncompetition Agreements Under section 16600: Raymond Edwards II v. Arthur Andersen LLP Introduction The case of Raymond Edwards II v. Arthur Andersen LLP (44 Cal.4th 937) addresses...
Modification of Material Terms in Plea Agreements: Analysis of People v. Segura

Modification of Material Terms in Plea Agreements: Analysis of People v. Segura

Date: Aug 5, 2008
Modification of Material Terms in Plea Agreements: Analysis of People v. Segura Introduction People v. Luis Gregorio Segura, 44 Cal.4th 921 (2008), is a landmark decision by the Supreme Court of...
Restricting Damages for University of California Whistleblowers: Miklosy v. Regents of the University of California

Restricting Damages for University of California Whistleblowers: Miklosy v. Regents of the University of California

Date: Aug 1, 2008
Restricting Damages for University of California Whistleblowers: Miklosy v. Regents of the University of California Introduction In Miklosy et al. v. Regents of the University of California et al....
Right to Testify in Sexually Violent Predator Proceedings Established

Right to Testify in Sexually Violent Predator Proceedings Established

Date: Jul 29, 2008
Right to Testify in Sexually Violent Predator Proceedings Established Introduction The case of The People v. Tony Lee Allen (44 Cal.4th 843) addresses a pivotal issue in the realm of civil commitment...
People v. Loker: Upholding Death Penalty with Mitigating Evidence and Jury Procedure

People v. Loker: Upholding Death Penalty with Mitigating Evidence and Jury Procedure

Date: Jul 29, 2008
People v. Loker: Upholding Death Penalty with Mitigating Evidence and Jury Procedure Introduction In the landmark case of The People, Plaintiff and Respondent, v. Keith Thomas Loker, Defendant and...
Impact of Juror Bias on Capital Sentencing: Analysis of People v. Wilson

Impact of Juror Bias on Capital Sentencing: Analysis of People v. Wilson

Date: Jul 29, 2008
Impact of Juror Bias on Capital Sentencing: Analysis of People v. Wilson Introduction People v. Lester Harland Wilson (44 Cal.4th 758) is a landmark decision by the Supreme Court of California that...
Comprehensive Commentary on People v. Cruz: Affirmation of Special Circumstances in Capital Sentencing

Comprehensive Commentary on People v. Cruz: Affirmation of Special Circumstances in Capital Sentencing

Date: Jul 25, 2008
People v. Cruz: Affirmation of Special Circumstances in Capital Sentencing Introduction In the landmark case of The People, Plaintiff and Respondent, v. Tomas Verano Cruz, Defendant and Appellant (44...
Comparative Juror Analysis on Appeal: Establishing a New Precedent in Batson Challenges

Comparative Juror Analysis on Appeal: Establishing a New Precedent in Batson Challenges

Date: Jul 25, 2008
Comparative Juror Analysis on Appeal: Establishing a New Precedent in Batson Challenges Introduction In the landmark case of The People v. Arthur Lourdes Lenix (44 Cal.4th 602), the Supreme Court of...
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