California Case Commentaries

Affirmation of Deference: Abuse of Discretion in Appellate Review of New Trial Granted for Prejudicial Juror Misconduct

Date: Aug 17, 2004

Affirmation of Deference: Abuse of Discretion in Appellate Review of New Trial Granted for Prejudicial Juror Misconduct Introduction In the landmark case of The People v. Brenner Carl Ault (33...

California Supreme Court Limits Local Officials’ Authority in Same-Sex Marriage Licensing

Date: Aug 13, 2004

California Supreme Court Limits Local Officials’ Authority in Same-Sex Marriage Licensing Introduction In the landmark case of Lockyer v. City and County of San Francisco et al. (33 Cal.4th 1055,...

Intentional Interference with At-Will Employment Relations: Reeves v. Hanlon et al.

Date: Aug 13, 2004

Intentional Interference with At-Will Employment Relations: Reeves v. Hanlon et al. Introduction The case of Robert L. Reeves et al. v. Daniel P. Hanlon et al. (33 Cal.4th 1140) addressed a pivotal...

Comprehensive Analysis of THE PEOPLE v. JOSE PABLO HERNANDEZ et al. (33 Cal.4th 1040)

Date: Aug 10, 2004

THE PEOPLE v. JOSE PABLO HERNANDEZ et al.: Implications for Criminal Street Gang Enhancements in California Law Introduction In THE PEOPLE, Plaintiff and Respondent, v. JOSE PABLO HERNANDEZ et al....

Distinct Offenses in Carjacking: Understanding People v. Montoya

Date: Aug 10, 2004

Distinct Offenses in Carjacking: Understanding People v. Montoya Introduction People v. Montoya is a landmark decision by the Supreme Court of California, rendered on August 9, 2004. This case...

Clarifying the Definition of 'Force' in Forcible Rape Statutes: People v. Bryant D. Griffin

Date: Aug 10, 2004

Clarifying the Definition of 'Force' in Forcible Rape Statutes: People v. Bryant D. Griffin Introduction In the landmark case of The People v. Bryant D. Griffin, 33 Cal.4th 1015 (2004), the Supreme...

Primary Jurisdiction vs. Exhaustion of Administrative Remedies in Insurance Premium Disputes: California Supreme Court Establishes Precedent

Date: Aug 6, 2004

Primary Jurisdiction vs. Exhaustion of Administrative Remedies in Insurance Premium Disputes: California Supreme Court Establishes Precedent Introduction In the landmark case of Jonathan Neil...

Defining Duress in Child Molestation: Inclusion of 'Hardship' Affirmed in People v. Leal

Date: Aug 6, 2004

Defining Duress in Child Molestation: Inclusion of 'Hardship' Affirmed in People v. Leal Introduction People v. Juan Diego Leal (33 Cal.4th 999, 2004) is a landmark decision by the Supreme Court of...

Admissibility of Expert Testimony on Battered Women's Syndrome in Single Incident Domestic Violence Cases: The People v. Brown

Date: Aug 3, 2004

Admissibility of Expert Testimony on Battered Women's Syndrome in Single Incident Domestic Violence Cases: The People v. Brown Introduction The People v. Brown (33 Cal.4th 892) is a seminal case...

Fareed Cassim v. Allstate Insurance Company: Supreme Court Reinforces Brandt Fee Calculations and Upholds Judgment on Attorney Conduct

Date: Jul 30, 2004

Fareed Cassim v. Allstate Insurance Company: Supreme Court Reinforces Brandt Fee Calculations and Upholds Judgment on Attorney Conduct Introduction In the landmark case Fareed Cassim et al. v....

Supreme Court of California Reaffirms Statutory Framework for Battery on Custodial Officers and Upholds Polygraph Evidence Exclusion

Date: Jul 30, 2004

Supreme Court of California Reaffirms Statutory Framework for Battery on Custodial Officers and Upholds Polygraph Evidence Exclusion Introduction In the landmark case of The People v. Jaleh Wilkinson...

Establishing Standards for Effective Mitigation Investigations in Capital Cases

Date: Jul 27, 2004

Establishing Standards for Effective Mitigation Investigations in Capital Cases Introduction In re LARRY DOUGLAS LUCAS, On Habeas Corpus (33 Cal.4th 682) is a pivotal judgment delivered by the...

Limits on Protective Sweeps in Investigative Detentions: People v. Celis

Date: Jul 27, 2004

Limits on Protective Sweeps in Investigative Detentions: People v. Celis Introduction Case Citation: The People v. Renato Celis, 33 Cal.4th 667 (2004) Court: Supreme Court of California Date: July...

Limitations on Striking Prior Convictions under Three Strikes: People v. Wallace

Date: Jul 27, 2004

Limitations on Striking Prior Convictions under Three Strikes: People v. Wallace Introduction In People v. Wallace (33 Cal.4th 738), the Supreme Court of California addressed a critical issue...

In re George T.: Establishing Independent Review in Criminal Threats Under First Amendment Considerations

Date: Jul 23, 2004

In re George T.: Establishing Independent Review in Criminal Threats Under First Amendment Considerations Introduction The In re George T. decision by the Supreme Court of California marked a...

Premature Summary Judgments in Bail Bond Forfeitures: Voidable Not Void

Date: Jul 23, 2004

Premature Summary Judgments in Bail Bond Forfeitures: Voidable Not Void Introduction In the landmark case of The PEOPLE v. AMERICAN CONTRACTORS INDEMNITY CO. (33 Cal.4th 653, 2004), the Supreme Court...

Kirkeby v. Superior Court: Expanding the Scope of Lis Pendens in Fraudulent Conveyance Claims

Date: Jul 23, 2004

Kirkeby v. Superior Court: Expanding the Scope of Lis Pendens in Fraudulent Conveyance Claims Introduction In Cynthia Kirkeby v. Superior Court of Orange County (2004) 33 Cal.4th 642, the Supreme...

Comprehensive Commentary on PEOPLE v. GRIFFIN: Strengthening Jury Selection Standards in Capital Cases

Date: Jul 20, 2004

PEOPLE v. GRIFFIN: Strengthening Jury Selection Standards in Capital Cases Introduction PEOPLE v. GRIFFIN (33 Cal.4th 536, 2004) is a landmark decision by the Supreme Court of California that...

Strict Compliance with Section 2015.5 for Out-of-State Declarations: Insights from Kulshrestha v. First Union Commercial Corporation

Date: Jul 20, 2004

Strict Compliance with Section 2015.5 for Out-of-State Declarations: Insights from Kulshrestha v. First Union Commercial Corporation Introduction The case of DHEERAJ KULSHRESTHA v. FIRST UNION...

Proper Juror Exclusion Standards in Death Penalty Cases: An Analysis of People v. Stewart

Date: Jul 16, 2004

Proper Juror Exclusion Standards in Death Penalty Cases: An Analysis of People v. Stewart Introduction People v. Richard Bert Stewart (33 Cal.4th 425, 2004) is a landmark decision by the Supreme...

Previous Next