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  • Commentaries
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California Case Commentaries

Strict Mediation Confidentiality Enforced: Simmons v. Ghaderi Sets New California Precedent

Strict Mediation Confidentiality Enforced: Simmons v. Ghaderi Sets New California Precedent

Date: Jul 22, 2008
Strict Mediation Confidentiality Enforced: Simmons v. Ghaderi Sets New California Precedent Introduction In the landmark case of Michelle Simmons v. Lida Ghaderi, the Supreme Court of California...
Independent Duty to Defend in Noninsurance Indemnity Contracts: Crawford v. Weather Shield Mfg. Inc.

Independent Duty to Defend in Noninsurance Indemnity Contracts: Crawford v. Weather Shield Mfg. Inc.

Date: Jul 22, 2008
Independent Duty to Defend in Noninsurance Indemnity Contracts: Crawford v. Weather Shield Mfg. Inc. Introduction The case of KIRK CRAWFORD et al. v. WEATHER SHIELD MFG. INC. examined pivotal issues...
California Supreme Court Rules on SYP Approval and Limits 'No Surprises' in Incidental Take Permits: A New Precedent for Environmental Regulatory Compliance

California Supreme Court Rules on SYP Approval and Limits 'No Surprises' in Incidental Take Permits: A New Precedent for Environmental Regulatory Compliance

Date: Jul 18, 2008
California Supreme Court Rules on SYP Approval and Limits 'No Surprises' in Incidental Take Permits: A New Precedent for Environmental Regulatory Compliance Introduction The case of Environmental...
Affirmed: Reliability of Eyewitness Identification and Proper Use of Gang Association Evidence in Capital Sentencing

Affirmed: Reliability of Eyewitness Identification and Proper Use of Gang Association Evidence in Capital Sentencing

Date: Jul 15, 2008
Affirmed: Reliability of Eyewitness Identification and Proper Use of Gang Association Evidence in Capital Sentencing Introduction In the landmark case of The People v. Gerardo Romero (44 Cal.4th...
Independent Judicial Review of Property Assessments Under Proposition 218: SVTA v. Santa Clara County Open Space Authority

Independent Judicial Review of Property Assessments Under Proposition 218: SVTA v. Santa Clara County Open Space Authority

Date: Jul 15, 2008
Independent Judicial Review of Property Assessments Under Proposition 218: SVTA v. Santa Clara County Open Space Authority Introduction In the landmark case of Silicon Valley Taxpayers' Association,...
Affirmation of Death Sentence in the Absence of Suppression Errors: People v. Parson

Affirmation of Death Sentence in the Absence of Suppression Errors: People v. Parson

Date: Jul 11, 2008
Affirmation of Death Sentence in the Absence of Suppression Errors: People v. Parson Introduction Case Citation: The People, Plaintiff and Respondent, v. Richard Ray Parson, Defendant and Appellant....
Mandatory Certificate of Probable Cause for Section 654 Challenges in Negotiated Plea Agreements

Mandatory Certificate of Probable Cause for Section 654 Challenges in Negotiated Plea Agreements

Date: Jul 11, 2008
Mandatory Certificate of Probable Cause for Section 654 Challenges in Negotiated Plea Agreements Introduction In the landmark case of The People v. Saul Garcia Cuevas (44 Cal.4th 374), the Supreme...
Affirmation of Self-Representation Advisement Standards in Capital Cases

Affirmation of Self-Representation Advisement Standards in Capital Cases

Date: Jul 11, 2008
Affirmation of Self-Representation Advisement Standards in Capital Cases Introduction The People, Plaintiff and Respondent, v. Billy Ray Riggs is a landmark decision by the Supreme Court of...
Affirmation of Evidentiary and Sentencing Standards in First Degree Murder by Torture Cases: People v. Whisenhunt

Affirmation of Evidentiary and Sentencing Standards in First Degree Murder by Torture Cases: People v. Whisenhunt

Date: Jul 1, 2008
Affirmation of Evidentiary and Sentencing Standards in First Degree Murder by Torture Cases: People v. Whisenhunt Introduction In the landmark case of People v. Michael McCrea Whisenhunt, the Supreme...
Salcido v. People: Affirmation of Death Sentence and Jurisdictional Authority Under US-Mexico Extradition Treaty

Salcido v. People: Affirmation of Death Sentence and Jurisdictional Authority Under US-Mexico Extradition Treaty

Date: Jul 1, 2008
Salcido v. People: Affirmation of Death Sentence and Jurisdictional Authority Under US-Mexico Extradition Treaty Introduction Salcido v. People is a landmark decision by the Supreme Court of...
Reaffirmation of Evidentiary Standards and Harmless Error in Capital Cases: People v. Page

Reaffirmation of Evidentiary Standards and Harmless Error in Capital Cases: People v. Page

Date: Jun 27, 2008
Reaffirmation of Evidentiary Standards and Harmless Error in Capital Cases: People v. Page Introduction In The People v. Terrance Charles Page (44 Cal.4th 1, 2008), the Supreme Court of California...
Preservation of Parental Rights and ICWA Compliance: Insights from In re S.B.

Preservation of Parental Rights and ICWA Compliance: Insights from In re S.B.

Date: Jun 27, 2008
Preservation of Parental Rights and ICWA Compliance: Insights from In re S.B. Introduction The appellate decision in In re S.B., a Person Coming Under the Juvenile Court Law is a pivotal case that...
People v. Towne: Clarifying Aggravating Circumstances and Sixth Amendment Rights

People v. Towne: Clarifying Aggravating Circumstances and Sixth Amendment Rights

Date: Jun 27, 2008
People v. Towne: Clarifying Aggravating Circumstances and Sixth Amendment Rights Introduction The case of People v. Shawn Towne (44 Cal.4th 63) adjudicated by the Supreme Court of California in 2008...
Affirmation of Death Penalty Procedures and Aggravating Factors in Felony Murder: People v. Harris

Affirmation of Death Penalty Procedures and Aggravating Factors in Felony Murder: People v. Harris

Date: Jun 20, 2008
Affirmation of Death Penalty Procedures and Aggravating Factors in Felony Murder: People v. Harris Introduction People v. Lanell Craig Harris (43 Cal.4th 1269, 2008) is a landmark decision by the...
Affirming Due Process in DNA Cold Hit Cases: The People v. Dennis Louis Nelson

Affirming Due Process in DNA Cold Hit Cases: The People v. Dennis Louis Nelson

Date: Jun 17, 2008
Affirming Due Process in DNA Cold Hit Cases: The People v. Dennis Louis Nelson Introduction The People v. Dennis Louis Nelson is a landmark case decided by the Supreme Court of California on June 16,...
Consolidation of Intercounty Murder Charges: Alcala v. Superior Court of Orange County

Consolidation of Intercounty Murder Charges: Alcala v. Superior Court of Orange County

Date: Jun 13, 2008
Consolidation of Intercounty Murder Charges: Alcala v. Superior Court of Orange County Introduction The case of Rodney James Alcala v. The Superior Court of Orange County centers around the legal...
Arbitrator’s Authority to Excuse Performance Under No-Modification Clauses: Gueyffier v. Ann Summers

Arbitrator’s Authority to Excuse Performance Under No-Modification Clauses: Gueyffier v. Ann Summers

Date: Jun 10, 2008
Arbitrator’s Authority to Excuse Performance Under No-Modification Clauses: Gueyffier v. Ann Summers Introduction Gueyffier v. Ann Summers, Ltd. (43 Cal.4th 1179) is a pivotal case adjudicated by the...
California Supreme Court Affirms CALFED Programmatic EIR Compliance under CEQA

California Supreme Court Affirms CALFED Programmatic EIR Compliance under CEQA

Date: Jun 6, 2008
California Supreme Court Affirms CALFED Programmatic EIR Compliance under CEQA Introduction The case of In re BAY-DELTA PROGRAMMATIC ENVIRONMENTAL IMPACT REPORT COORDINATED PROCEEDINGS (43 Cal.4th...
Limits on Sua Sponte Jury Instructions for Recent Stolen Property Possession: Najera v. People

Limits on Sua Sponte Jury Instructions for Recent Stolen Property Possession: Najera v. People

Date: Jun 6, 2008
Limits on Sua Sponte Jury Instructions for Recent Stolen Property Possession: Najera v. People Introduction The People v. Michael Jesse Najera (43 Cal.4th 1132) is a pivotal case in California's...
Imposition and Staying of Firearm Enhancements under Penal Code §12022.53: California Supreme Court's Clarification

Imposition and Staying of Firearm Enhancements under Penal Code §12022.53: California Supreme Court's Clarification

Date: Jun 3, 2008
Imposition and Staying of Firearm Enhancements under Penal Code §12022.53: California Supreme Court's Clarification Introduction In the landmark case of The People v. Silvestre Garcia Gonzalez et...
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