California Case Commentaries

Grossly Negligent Shooting as a Necessarily Included Offense in Discharge of Firearm at Inhabited Dwelling

Date: Mar 19, 2009

Grossly Negligent Shooting as a Necessarily Included Offense in Discharge of Firearm at Inhabited Dwelling Introduction In the landmark case of The People v. Jessie Jose Ramirez (45 Cal.4th 980,...

State Habeas Corpus Limitations: Federal Immigration Detention Based on Past State Convictions Not Recognized as State Custody

Date: Mar 17, 2009

State Habeas Corpus Limitations: Federal Immigration Detention Based on Past State Convictions Not Recognized as State Custody Introduction People v. Avelino Ceja Villa (45 Cal.4th 1063) is a...

Limiting the Writ of Error Coram Nobis: Insights from People v. Hyung Joon Kim

Date: Mar 17, 2009

Limiting the Writ of Error Coram Nobis: Insights from People v. Hyung Joon Kim Introduction People v. Hyung Joon Kim (45 Cal.4th 1078, 2009) is a pivotal decision by the Supreme Court of California...

Clarifying Pollution Exclusions in Liability Insurance: State of California v. Allstate Insurance Company et al.

Date: Mar 10, 2009

Clarifying Pollution Exclusions in Liability Insurance: State of California v. Allstate Insurance Company et al. Introduction The landmark case of State of California v. Allstate Insurance Company et...

Neutral Principles of Law in Church Property Disputes: Supreme Court of California in Episcopal Church Cases

Date: Feb 26, 2009

Neutral Principles of Law in Church Property Disputes: Supreme Court of California in Episcopal Church Cases Introduction The Supreme Court of California, in the landmark decision of Episcopal Church...

Clarifying Jury Instructions and Admissibility of Aggravating Evidence in Capital Cases: PEOPLE v. BUNYARD

Date: Feb 24, 2009

Clarifying Jury Instructions and Admissibility of Aggravating Evidence in Capital Cases: PEOPLE v. BUNYARD Introduction In the landmark case of PEOPLE v. BUNYARD (45 Cal.4th 836, 2009), the Supreme...

Affirmation of Death Penalty in PEOPLE v. HAMILTON: Upholding Special Circumstances in Capital Sentencing

Date: Feb 24, 2009

Affirmation of Death Penalty in PEOPLE v. HAMILTON: Upholding Special Circumstances in Capital Sentencing Introduction People v. Bernard Lee Hamilton, 45 Cal.4th 863 (2009), is a significant case...

Constructive Possession of Employer's Property by Employees in Robbery: An Analysis of People v. Scott

Date: Feb 20, 2009

Constructive Possession of Employer's Property by Employees in Robbery: An Analysis of People v. Scott Introduction The case of The People v. Andre Rene Scott et al., decided by the Supreme Court of...

Affirmation of Gang Enhancements and Admissibility of Hearsay in Murder Convictions: The People v. Gutierrez

Date: Feb 20, 2009

Affirmation of Gang Enhancements and Admissibility of Hearsay in Murder Convictions: The People v. Gutierrez Introduction The People v. Alfred Anthony Gutierrez is a landmark decision by the Supreme...

Upheld Joinder of Murder Charges: Judicial Efficiency and Cross-Admissibility Standards in People v. Soper

Date: Feb 20, 2009

Upheld Joinder of Murder Charges: Judicial Efficiency and Cross-Admissibility Standards in People v. Soper, 45 Cal.4th 759 (2009) Introduction In the landmark case of People v. James Daniel Soper, 45...

Affirmation of Death Sentence Amidst Atkins Defense Delays: PEOPLE v. JACKSON

Date: Feb 6, 2009

Affirmation of Death Sentence Amidst Atkins Defense Delays: PEOPLE v. JACKSON Introduction People v. Michael Anthony Jackson, 45 Cal.4th 662 (2009), is a pivotal case adjudicated by the Supreme Court...

Standing Requirements under California's Consumers Legal Remedies Act: Meyer v. Sprint Spectrum L.P.

Date: Jan 30, 2009

Standing Requirements under California's Consumers Legal Remedies Act: Meyer v. Sprint Spectrum L.P. Introduction Meyer et al., Plaintiffs and Appellants, v. Sprint Spectrum L.P., Defendant and...

Affirmation of Capital Murder Conviction: Reinforcing Standards on Prosecutorial Misconduct and Juror Impartiality in People v. Bennett

Date: Jan 30, 2009

Affirmation of Capital Murder Conviction: Reinforcing Standards on Prosecutorial Misconduct and Juror Impartiality in People v. Bennett Introduction People v. Eric Wayne Bennett is a landmark...

Impact of Medical Marijuana Use on Child Welfare: Insights from In re Alexis E. et al.

Date: Jan 24, 2009

Impact of Medical Marijuana Use on Child Welfare: Insights from In re Alexis E. et al. Introduction The case In re ALEXIS E. et al. addresses the complex intersection of parental substance use,...

Interpreting Liability Insurance in Foster Care Maintenance: Analysis of In re Corrine W., 45 Cal.4th 522

Date: Jan 23, 2009

Interpreting Liability Insurance in Foster Care Maintenance: Analysis of In re Corrine W., 45 Cal.4th 522 Introduction In the landmark case of In re Corrine W., 45 Cal.4th 522 (2009), the Supreme...

Conflict of Interest in Defense Fee Agreements: Implications from People v. Doolin

Date: Jan 22, 2009

Conflict of Interest in Defense Fee Agreements: Implications from People v. Doolin Introduction In the landmark case People v. Keith Zon Doolin (45 Cal.4th 390), decided by the Supreme Court of...

Limits on Sanctions under CCP §128.7: Self-Represented Attorneys Excluded from Attorney Fee Awards

Date: Jan 16, 2009

Limits on Sanctions under CCP §128.7: Self-Represented Attorneys Excluded from Attorney Fee Awards Introduction The case of Mary Musaelian v. William L. Adams et al. (45 Cal.4th 512) presents a...

The People v. Olguin: Validation of Pet Notification as a Probation Condition

Date: Dec 30, 2008

The People v. Olguin: Validation of Pet Notification as a Probation Condition Introduction The case of The People v. Olguin (45 Cal.4th 375) addresses a pivotal issue in probation law: the extent to...

Enforceability of Real Estate Option Contracts with Implied Terms: Patel v. Liebermensch

Date: Dec 23, 2008

Enforceability of Real Estate Option Contracts with Implied Terms: Patel v. Liebermensch Introduction Sunil Patel v. Morris Liebermensch et al. is a landmark decision by the Supreme Court of...

Defining the Bounds of "Primary Caregiver" Under the Compassionate Use Act: Insights from People v. Mentch

Date: Dec 18, 2008

Defining the Bounds of "Primary Caregiver" Under the Compassionate Use Act: Insights from People v. Mentch Introduction In the landmark case The People v. Roger William Mentch (45 Cal.4th 274), the...