California Case Commentaries

Restricting the Use of Postconviction Probation Reports in Determining Strike Eligibility under California's Three Strikes Law

Date: Dec 12, 2006

Restricting the Use of Postconviction Probation Reports in Determining Strike Eligibility under California's Three Strikes Law Introduction The case of The People v. Manuel Alex Trujillo (40 Cal.4th...

Revisiting Probation Search Conditions: The Overruling of IN RE TYRELL J. in In re Jaime P.

Date: Dec 1, 2006

Revisiting Probation Search Conditions: The Overruling of IN RE TYRELL J. in In re Jaime P. Introduction In In re Jaime P., the Supreme Court of California revisited and ultimately overruled its...

Supreme Court of California Upholds Retroactivity of Medical Marijuana Program, Affirming Compassionate Use Defense in People v. Wright

Date: Nov 28, 2006

Supreme Court of California Upholds Retroactivity of Medical Marijuana Program, Affirming Compassionate Use Defense in People v. Wright Introduction People v. Shaun Eric Wright is a landmark decision...

Enhancing Transparency in Wende Appeals: Constitutional Mandate for Written Opinions in People v. Kelly

Date: Nov 28, 2006

Enhancing Transparency in Wende Appeals: Constitutional Mandate for Written Opinions in People v. Kelly Introduction In People v. Kelly (2006) 40 Cal.4th 106, the Supreme Court of California...

Broad Immunity Under CDA Section 230 Affirmed in Barrett v. Rosenthal

Date: Nov 21, 2006

Broad Immunity Under CDA Section 230 Affirmed in Barrett v. Rosenthal Introduction In the landmark case of Barrett et al. v. Rosenthal (40 Cal.4th 33, 2006), the Supreme Court of California addressed...

Broad Interpretation of 'Under Construction' in Vacancy Exclusions: TRB Investments v. Fireman's Fund Insurance Company

Date: Nov 14, 2006

Broad Interpretation of 'Under Construction' in Vacancy Exclusions: TRB Investments, Inc. v. Fireman's Fund Insurance Company Introduction The Supreme Court of California's decision in TRB...

CPELY PRESS, INC. v. SUPERIOR COURT OF SAN DIEGO COUNTY: Enhancing Confidentiality Protections Under CPRA

Date: Sep 1, 2006

CLARIFYING "Employing Agency" in CPRA: The Copley Press, Inc. v. Superior Court of San Diego County Decision Introduction In the landmark case of The Copley Press, Inc. v. Superior Court of San Diego...

Public Entities as Qui Tam Plaintiffs under the California False Claims Act: Analysis of ex rel. Harris v. PricewaterhouseCoopers

Date: Sep 1, 2006

Public Entities as Qui Tam Plaintiffs under the California False Claims Act: Analysis of ex rel. Harris v. PricewaterhouseCoopers Introduction The case THE STATE OF CALIFORNIA ex rel. KAMALA HARRIS,...

Supreme Court of California Establishes Charter Schools as Liable Entities under the False Claims Act and UCL

Date: Sep 1, 2006

Supreme Court of California Establishes Charter Schools as Liable Entities under the False Claims Act and UCL 1. Introduction In the landmark case of Joey Wells, a Minor, et al., Plaintiffs and...

Reaffirmation of Collateral Estoppel in Welfare Fraud: Supreme Court Upholds PEOPLE v. SIMS

Date: Aug 29, 2006

Reaffirmation of Collateral Estoppel in Welfare Fraud: Supreme Court Upholds PEOPLE v. SIMS Introduction In the landmark decision People v. Garcia (2006), the Supreme Court of California reaffirmed...

Expansion of Asportation in Aggravated Kidnapping and Felony-Murder Liability in People v. Dominguez

Date: Aug 29, 2006

Expansion of Asportation in Aggravated Kidnapping and Felony-Murder Liability in People v. Dominguez Introduction People v. Dominguez (39 Cal.4th 1141, 2006) is a landmark decision by the Supreme...

Affirmation of Convictions and Death Sentence in PEOPLE v. STANLEY

Date: Aug 25, 2006

Affirmation of Convictions and Death Sentence in PEOPLE v. STANLEY: Analysis of Legal Standards and Procedural Safeguards Introduction In People v. Darren Cornelius Stanley (39 Cal.4th 913, Supreme...

PEOPLE v. LEWIS and Oliver: California Supreme Court Affirms Death Judgments, Reinforces Standards for Batson Challenges and Sentencing Evidence

Date: Aug 25, 2006

PEOPLE v. LEWIS and Oliver: California Supreme Court Affirms Death Judgments, Reinforces Standards for Batson Challenges and Sentencing Evidence Introduction People v. Albert Lewis and Anthony Cedric...

Disqualifying Care Custodians in Testamentary Transfers: Bernard v. Foley (39 Cal.4th 794)

Date: Aug 22, 2006

Disqualifying Care Custodians in Testamentary Transfers: Bernard v. Foley (39 Cal.4th 794) Introduction Angela Ann Bernard et al., Plaintiffs and Appellants, v. James Foley, as Trustee, etc.,...

Affirmation of Capital Conviction in People v. David Keith Rogers: Harmless Error in Procedural and Instructional Matters

Date: Aug 22, 2006

Affirmation of Capital Conviction in People v. David Keith Rogers: Harmless Error in Procedural and Instructional Matters Introduction Case: The People, Plaintiff and Respondent, v. David Keith...

Ledesma v. The People: Shaping Death Penalty Jurisprudence and Jury Selection in California

Date: Aug 18, 2006

Ledesma v. The People: Shaping Death Penalty Jurisprudence and Jury Selection in California Introduction Ledesma v. The People (39 Cal.4th 641) is a landmark decision by the Supreme Court of...

Affirmation of Capital Murder Conviction: Legal Principles on Joinder and Multiple Special Circumstances in People v. Cook

Date: Aug 15, 2006

Affirmation of Capital Murder Conviction: Legal Principles on Joinder and Multiple Special Circumstances in People v. Cook Introduction In the landmark case The People v. Walter Joseph Cook III (39...

Establishing the Distinction Between Policy Decisions and Implementation in Labor Relations: Claremont Police Officers Association v. City of Claremont

Date: Aug 15, 2006

Establishing the Distinction Between Policy Decisions and Implementation in Labor Relations: Claremont Police Officers Association v. City of Claremont Introduction In the landmark case of Claremont...

Specific Intent Essential for Out-of-State Convictions to Qualify as Serious Felonies in California

Date: Aug 11, 2006

Specific Intent Essential for Out-of-State Convictions to Qualify as Serious Felonies in California Introduction The People v. Brian Eric Warner (39 Cal.4th 548, 2006) is a landmark decision by the...

Affirmation of Death Sentence in People v. Ramirez

Date: Aug 8, 2006

Affirmation of Death Sentence in People v. Ramirez Introduction People v. Richard Ramirez is a landmark decision by the Supreme Court of California, handed down on August 7, 2006. Richard Ramirez,...

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