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  • Commentaries
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California Case Commentaries

Enhancing the Sixth Amendment: Implications of People v. French on Jury Rights in Sentencing

Enhancing the Sixth Amendment: Implications of People v. French on Jury Rights in Sentencing

Date: Mar 28, 2008
Enhancing the Sixth Amendment: Implications of People v. French on Jury Rights in Sentencing 1. Introduction People v. Wesley David French (43 Cal.4th 36, 2008) is a landmark decision by the Supreme...
Affirmation of Death Penalty in People v. Wilson: Insights into Jury Selection and Instruction Protocols

Affirmation of Death Penalty in People v. Wilson: Insights into Jury Selection and Instruction Protocols

Date: Mar 28, 2008
Affirmation of Death Penalty in People v. Wilson: Insights into Jury Selection and Instruction Protocols Introduction People v. Wilson (43 Cal.4th 1) is a pivotal case adjudicated by the Supreme...
Non-Employer Individuals Not Personally Liable for Retaliation Under California FEHA: Insights from Scott Jones v. The Lodge at Torrey Pines Partnership

Non-Employer Individuals Not Personally Liable for Retaliation Under California FEHA: Insights from Scott Jones v. The Lodge at Torrey Pines Partnership

Date: Mar 4, 2008
Non-Employer Individuals Not Personally Liable for Retaliation Under California FEHA: Insights from Scott Jones v. The Lodge at Torrey Pines Partnership Introduction The case of Scott Jones v. The...
California Supreme Court Limits on Awarding Expert Witness Fees under CCP §1021.5

California Supreme Court Limits on Awarding Expert Witness Fees under CCP §1021.5

Date: Feb 29, 2008
California Supreme Court Limits on Awarding Expert Witness Fees under CCP §1021.5 Introduction In the landmark case of Carl Olson et al. v. Automobile Club of Southern California (42 Cal.4th 1142,...
Establishing Liability of Public Entities Under California's Government Claims Act: Insights from Metcalf v. County of San Joaquin

Establishing Liability of Public Entities Under California's Government Claims Act: Insights from Metcalf v. County of San Joaquin

Date: Feb 22, 2008
Establishing Liability of Public Entities Under California's Government Claims Act: Insights from Metcalf v. County of San Joaquin Introduction The case of Thomas Metcalf, a Minor, etc., Plaintiff...
Affirmation of Continuous Stock Ownership Requirement in Shareholders' Derivative Actions: Grosset v. Wenaas et al.

Affirmation of Continuous Stock Ownership Requirement in Shareholders' Derivative Actions: Grosset v. Wenaas et al.

Date: Feb 15, 2008
Affirmation of Continuous Stock Ownership Requirement in Shareholders' Derivative Actions: Grosset v. Wenaas et al. Introduction In the landmark case of Richard Grosset v. Eric P. Wenaas et al., and...
Private Enforcement of State Food Labeling Laws Not Preempted by FDCA: California Supreme Court's Decision in Farm Raised Salmon Cases

Private Enforcement of State Food Labeling Laws Not Preempted by FDCA: California Supreme Court's Decision in Farm Raised Salmon Cases

Date: Feb 12, 2008
Private Enforcement of State Food Labeling Laws Not Preempted by FDCA: California Supreme Court's Decision in Farm Raised Salmon Cases Introduction The Farm Raised Salmon Cases (42 Cal.4th 1077),...
Affirmation of Death Sentence: Death Qualification and Procedural Adherence in People v. Brasure

Affirmation of Death Sentence: Death Qualification and Procedural Adherence in People v. Brasure

Date: Feb 8, 2008
Affirmation of Death Sentence: Death Qualification and Procedural Adherence in People v. Brasure Introduction The case of The People v. Spencer Rawlins Brasure (42 Cal.4th 1037) presents a...
Reinforcing Standards for Aggravating Evidence and Jury Selection in Death Penalty Sentencing: People v. Howard

Reinforcing Standards for Aggravating Evidence and Jury Selection in Death Penalty Sentencing: People v. Howard

Date: Feb 5, 2008
Reinforcing Standards for Aggravating Evidence and Jury Selection in Death Penalty Sentencing: People v. Howard Introduction In the landmark case of People v. Alphonso Howard (42 Cal.4th 1000), the...
Reaffirming Standards on Prosecutorial Conduct and Counsel's Effective Assistance in People v. Lopez

Reaffirming Standards on Prosecutorial Conduct and Counsel's Effective Assistance in People v. Lopez

Date: Jan 29, 2008
Reaffirming Standards on Prosecutorial Conduct and Counsel's Effective Assistance in People v. Lopez Introduction People v. Fernando Lopez is a landmark decision by the Supreme Court of California,...
RagingWire Telecommunications v. Gary Ross: Affirming Employer Discretion in Drug Policy Enforcement

RagingWire Telecommunications v. Gary Ross: Affirming Employer Discretion in Drug Policy Enforcement

Date: Jan 25, 2008
RagingWire Telecommunications v. Gary Ross: Affirming Employer Discretion in Drug Policy Enforcement Introduction The case of Gary Ross v. RagingWire Telecommunications, Inc. (42 Cal.4th 920, 2008)...
Harmless Error Standard Applied to Guardian ad Litem Appointment in Dependency Proceedings: In re James F.

Harmless Error Standard Applied to Guardian ad Litem Appointment in Dependency Proceedings: In re James F.

Date: Jan 18, 2008
Harmless Error Standard Applied to Guardian ad Litem Appointment in Dependency Proceedings: In re James F. Introduction In In re James F., the Supreme Court of California addressed a pivotal issue in...
Interpretation of Reunification Service Periods in Juvenile Dependency Cases: Tonya M. v. Superior Court of Los Angeles County

Interpretation of Reunification Service Periods in Juvenile Dependency Cases: Tonya M. v. Superior Court of Los Angeles County

Date: Dec 21, 2007
Interpretation of Reunification Service Periods in Juvenile Dependency Cases: Tonya M. v. Superior Court of Los Angeles County Introduction Tonya M., Petitioner, v. The Superior Court of Los Angeles...
Admissibility of Prior Acts and Cautious Use of Victim Impact Evidence in Capital Cases: A Comprehensive Analysis of PEOPLE v. KELLY

Admissibility of Prior Acts and Cautious Use of Victim Impact Evidence in Capital Cases: A Comprehensive Analysis of PEOPLE v. KELLY

Date: Dec 7, 2007
Admissibility of Prior Acts and Cautious Use of Victim Impact Evidence in Capital Cases: A Comprehensive Analysis of PEOPLE v. KELLY Introduction People v. Douglas Oliver Kelly (42 Cal.4th 763) is a...
Government Claims Act Extends to Contractual Breaches: Analysis of City of Stockton v. Civic Partners Stockton

Government Claims Act Extends to Contractual Breaches: Analysis of City of Stockton v. Civic Partners Stockton

Date: Dec 4, 2007
Government Claims Act Extends to Contractual Breaches: Analysis of City of Stockton v. Civic Partners Stockton Introduction The Supreme Court of California's decision in City of Stockton et al. v....
Retroactive Application of Nonpunitive Court Security Fees: Insights from The People v. Tracy F. Alford

Retroactive Application of Nonpunitive Court Security Fees: Insights from The People v. Tracy F. Alford

Date: Dec 4, 2007
Retroactive Application of Nonpunitive Court Security Fees: Insights from The People v. Tracy F. Alford Introduction The People v. Tracy F. Alford (42 Cal.4th 749) is a significant case adjudicated...
Admissibility of Hearsay Statements for Motive and Limited Repercussions for Prosecutorial Misconduct Upheld in People v. Martin Mendoza

Admissibility of Hearsay Statements for Motive and Limited Repercussions for Prosecutorial Misconduct Upheld in People v. Martin Mendoza

Date: Nov 30, 2007
Admissibility of Hearsay Statements for Motive and Limited Repercussions for Prosecutorial Misconduct Upheld in People v. Martin Mendoza Introduction In the landmark case of The People v. Martin...
Implied Covenant of Good Faith in Insurance Claims: Analysis of Reagan Wilson v. 21st Century Insurance Company

Implied Covenant of Good Faith in Insurance Claims: Analysis of Reagan Wilson v. 21st Century Insurance Company

Date: Nov 30, 2007
Implied Covenant of Good Faith in Insurance Claims: Analysis of Reagan Wilson v. 21st Century Insurance Company Introduction Reagan Wilson, the plaintiff and appellant, initiated a lawsuit against...
Extending Restitution to Surviving Spouses for Future Economic Losses: Analysis of People v. Giordano

Extending Restitution to Surviving Spouses for Future Economic Losses: Analysis of People v. Giordano

Date: Nov 27, 2007
Extending Restitution to Surviving Spouses for Future Economic Losses: Analysis of People v. Giordano Introduction People v. Giordano (42 Cal.4th 644, 2007) is a landmark decision by the Supreme...
Clarifying the "Substantial Distance" Requirement in Simple Kidnapping: People v. Morgan

Clarifying the "Substantial Distance" Requirement in Simple Kidnapping: People v. Morgan

Date: Nov 16, 2007
Clarifying the "Substantial Distance" Requirement in Simple Kidnapping: People v. Morgan Introduction In People v. Edward Patrick Morgan (42 Cal.4th 593), the California Supreme Court addressed...
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