California Case Commentaries

California Supreme Court Upholds Death Sentence and Validity of Revised CALJIC Instructions in PEOPLE v. BROWN

Date: Jul 13, 2004

California Supreme Court Upholds Death Sentence and Validity of Revised CALJIC Instructions in PEOPLE v. BROWN Introduction In the landmark case The People v. John George Brown, Jr., decided by the...

Voluntary Admission of Prior Convictions Under Totality of Circumstances: An Analysis of People v. Mosby

Date: Jul 9, 2004

Voluntary Admission of Prior Convictions Under Totality of Circumstances: An Analysis of People v. Mosby Introduction People v. Mosby (2004) is a seminal decision by the Supreme Court of California...

Affirmation of Abuse of Discretion Standard for Section 1385 in Three Strikes Sentencing

Date: Jul 9, 2004

Affirmation of Abuse of Discretion Standard for Section 1385 in Three Strikes Sentencing Introduction In the landmark case of The People v. Keith Ishmeal Carmony (33 Cal.4th 367, 2004), the Supreme...

Expanding "State Service" Under Public Employees' Retirement Law: Nolan v. City of Anaheim

Date: Jul 2, 2004

Expanding "State Service" Under Public Employees' Retirement Law: Nolan v. City of Anaheim Introduction In the landmark case of Steven W. Nolan v. City of Anaheim (33 Cal.4th 335), the Supreme Court...

Comprehensive Commentary on People v. Clemantt Arnold: Affirming the Scope of Johnson Waivers

Date: Jun 29, 2004

Affirming the Scope of Johnson Waivers: A Comprehensive Analysis of People v. Clemantt Arnold Introduction In People v. Clemantt Arnold, the Supreme Court of California addressed a critical issue...

Mandatory Sex Offender Registration Upheld: Overruling IN RE REED

Date: Jun 29, 2004

Mandatory Sex Offender Registration Upheld: Overruling IN RE REED Introduction The Supreme Court of California, on June 28, 2004, delivered a landmark judgment in In re Leon Casey Alva on Habeas...

Clarifying Nonkiller Liability Under the Felony-Murder Rule: California Supreme Court's Cavitt v. The People

Date: Jun 22, 2004

Clarifying Nonkiller Liability Under the Felony-Murder Rule: California Supreme Court's Cavitt v. The People Introduction In the landmark case of The People v. James Freddie Cavitt (33 Cal.4th 187),...

Double Jeopardy and Death Penalty Affirmed in Automatic Appeal Context: PEOPLE v. HOLLOWAY

Date: Jun 18, 2004

Double Jeopardy and Death Penalty Affirmed in Automatic Appeal Context: PEOPLE v. HOLLOWAY Introduction The case of The People, Plaintiff and Respondent, v. Duane Holloway, Defendant and Appellant...

California Supreme Court Upholds Proposition 21 Amendments to Juvenile Probation: No Ex Post Facto Violation

Date: Jun 18, 2004

California Supreme Court Upholds Proposition 21 Amendments to Juvenile Probation: No Ex Post Facto Violation Introduction The case of John L., Petitioner v. The Superior Court of San Diego County,...

Non-Jurisdictional Compliance with Code Civ. Proc §594(b): Insights from In re Marriage of LYNN E. and TERRY GODDARD

Date: Jun 8, 2004

Non-Jurisdictional Compliance with Code Civ. Proc §594(b): Insights from In re Marriage of LYNN E. and TERRY GODDARD Introduction The case of In re Marriage of LYNN E. and TERRY GODDARD (33 Cal.4th...

Delegation of Visitation Decisions and Preservation of Appellate Rights in Juvenile Dependency Cases: Insights from IN RE S.B. et al.

Date: May 28, 2004

Delegation of Visitation Decisions and Preservation of Appellate Rights in Juvenile Dependency Cases: Insights from IN RE S.B. et al. Introduction The Supreme Court of California's decision in IN RE...

Exclusion of DUI Drug Offenses from Probation and Diversion Under Proposition 36

Date: May 28, 2004

Exclusion of DUI Drug Offenses from Probation and Diversion Under Proposition 36 Introduction The case The People v. Michelle Elaine Canty (32 Cal.4th 1266, 2004) addresses the applicability of...

Mandatory Allegation of Claim Presentation Compliance in Tort Claims Act Actions: Bodde v. Superior Court of Kings County

Date: May 25, 2004

Mandatory Allegation of Claim Presentation Compliance in Tort Claims Act Actions: Bodde v. Superior Court of Kings County Introduction In THE STATE OF CALIFORNIA et al., Petitioners, v. THE SUPERIOR...

Conspicuousness and Clarity Required for Limitations on Permissive User Coverage: Supreme Court of California Affirms in Haynes v. Farmers Insurance

Date: May 18, 2004

Conspicuousness and Clarity Required for Limitations on Permissive User Coverage: Supreme Court of California Affirms in Haynes v. Farmers Insurance Introduction The case of Joshua Lee HAYNES v....

Affirmation of Death Sentence and Validity of Sentencing Instructions in People v. Pollock

Date: May 18, 2004

Affirmation of Death Sentence and Validity of Sentencing Instructions in People v. Pollock Introduction The case of The People v. Milton Ray Pollock (32 Cal.4th 1153) adjudicated by the Supreme Court...

Affirmation of Capital Murder Conviction in People v. Lenart: Implications for Evidence Admissibility and Jury Instructions

Date: May 7, 2004

Affirmation of Capital Murder Conviction in People v. Lenart: Implications for Evidence Admissibility and Jury Instructions Introduction People v. Thomas Howard Lenart (32 Cal.4th 1107, 2004) is a...

Limiting Property Owner Liability for Unforeseeable Third-Party Criminal Acts: Analysis of AARON WIENER et al. v. SOUTHCOAST CHILDCARECENTERS, INC.

Date: May 7, 2004

Limiting Property Owner Liability for Unforeseeable Third-Party Criminal Acts: Analysis of AARON WIENER et al. v. SOUTHCOAST CHILDCARECENTERS, INC. 1. Introduction The case of AARON WIENER et al. v....

LaMusga v. LaMusga: Clarifying Custodial Relocation Standards in California

Date: Apr 30, 2004

LaMusga v. LaMusga: Clarifying Custodial Relocation Standards in California Introduction In the landmark case of In re the Marriage of LaMusga (32 Cal.4th 1072, 2004), the Supreme Court of California...

Multiple Subdivision (d) Enhancements under Penal Code §12022.53: Insights from People v. Oates

Date: Apr 27, 2004

Multiple Subdivision (d) Enhancements under Penal Code §12022.53: Insights from People v. Oates Introduction People v. Jimmie Lee Oates, 32 Cal.4th 1048 (2004), addresses a critical interpretation of...

Trade Secrets and Public Disclosure: California Supreme Court Upholds Transparency in Insurance Data under Proposition 103

Date: Apr 27, 2004

Trade Secrets and Public Disclosure: California Supreme Court Upholds Transparency in Insurance Data under Proposition 103 Introduction In the landmark case State Farm Mutual Automobile Insurance...

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