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  • Commentaries
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California Case Commentaries

Applying Ameliorative Statutes to Non-Final Judgments: Insights from People v. Esquivel

Applying Ameliorative Statutes to Non-Final Judgments: Insights from People v. Esquivel

Date: Jun 18, 2021
Applying Ameliorative Statutes to Non-Final Judgments: Insights from People v. Esquivel Introduction People v. Randolph Steven Esquivel (11 Cal.5th 671) is a landmark decision by the Supreme Court of...
Clarification of the Parental-Benefit Exception in Juvenile Dependency Cases: In re Caden C.

Clarification of the Parental-Benefit Exception in Juvenile Dependency Cases: In re Caden C.

Date: May 28, 2021
Clarification of the Parental-Benefit Exception in Juvenile Dependency Cases: In re Caden C. Introduction In re CADEN C. is a landmark decision by the Supreme Court of California issued on May 27,...
People v. Lemcke: Affirming CALCRIM No. 315's Witness Certainty Instruction and Directing Reevaluation for Enhanced Juror Understanding

People v. Lemcke: Affirming CALCRIM No. 315's Witness Certainty Instruction and Directing Reevaluation for Enhanced Juror Understanding

Date: May 28, 2021
People v. Lemcke: Affirming CALCRIM No. 315's Witness Certainty Instruction and Directing Reevaluation for Enhanced Juror Understanding Introduction In People v. Desirae Lee Lemcke et al. (11 Cal.5th...
People v. Scully: Affirmation of Death Sentence and Reinforcement of Change of Venue Standards

People v. Scully: Affirmation of Death Sentence and Reinforcement of Change of Venue Standards

Date: May 25, 2021
People v. Scully: Affirmation of Death Sentence and Reinforcement of Change of Venue Standards Introduction People v. Robert Walter Scully is a significant decision delivered by the Supreme Court of...
People v. Nieves: Reversal of Death Penalty Due to Trial Court Misconduct

People v. Nieves: Reversal of Death Penalty Due to Trial Court Misconduct

Date: May 4, 2021
People v. Nieves: Reversal of Death Penalty Due to Trial Court Misconduct Introduction People v. Sandi Dawn Nieves (11 Cal.5th 404, 2021-05-03) is a landmark decision by the Supreme Court of...
Independent Review Standard Established for Prejudice in Section 1473.7 Relief

Independent Review Standard Established for Prejudice in Section 1473.7 Relief

Date: May 4, 2021
Independent Review Standard Established for Prejudice in Section 1473.7 Relief Introduction The Supreme Court of California, in The People v. Robert Landeros Vivar (2021), addressed a critical issue...
Steskal v. People: Establishing Precedents on Judicial Review and the Death Penalty

Steskal v. People: Establishing Precedents on Judicial Review and the Death Penalty

Date: Apr 30, 2021
Steskal v. People: Establishing Precedents on Judicial Review and the Death Penalty Introduction In the landmark decision of People v. Steskal, the Supreme Court of California addressed significant...
Reaffirming Parental Rights: Remedying Attorney Errors in Termination of Parental Rights Proceedings

Reaffirming Parental Rights: Remedying Attorney Errors in Termination of Parental Rights Proceedings

Date: Apr 6, 2021
Reaffirming Parental Rights: Remedying Attorney Errors in Termination of Parental Rights Proceedings Introduction In the landmark case of In re A.R., decided by the Supreme Court of California on...
Clarifying the Duty to Protect: Brown v. USA Taekwondo Establishes a Two-Step Framework

Clarifying the Duty to Protect: Brown v. USA Taekwondo Establishes a Two-Step Framework

Date: Apr 2, 2021
Clarifying the Duty to Protect: Brown v. USA Taekwondo Establishes a Two-Step Framework Introduction The case of Yazmin Brown et al. v. USA Taekwondo et al. (11 Cal.5th 204) before the Supreme Court...
Enhancing Privacy Protections: California Supreme Court Expands Scope of Penal Code §632.7 to Include Parties in Communications

Enhancing Privacy Protections: California Supreme Court Expands Scope of Penal Code §632.7 to Include Parties in Communications

Date: Apr 2, 2021
Enhancing Privacy Protections: California Supreme Court Expands Scope of Penal Code §632.7 to Include Parties in Communications Introduction The California Supreme Court, in the landmark case of...
Broad Interpretation of "Public Works" in California's Prevailing Wage Law: Kaanaana v. Barrett Business Services

Broad Interpretation of "Public Works" in California's Prevailing Wage Law: Kaanaana v. Barrett Business Services

Date: Mar 30, 2021
Broad Interpretation of "Public Works" in California's Prevailing Wage Law: Kaanaana v. Barrett Business Services Introduction The case of David Kaanaana et al. v. Barrett Business Services, Inc. et...
California Supreme Court Establishes Constitutional Limits on Money Bail in In re Kenneth Humphrey

California Supreme Court Establishes Constitutional Limits on Money Bail in In re Kenneth Humphrey

Date: Mar 26, 2021
California Supreme Court Establishes Constitutional Limits on Money Bail in In re Kenneth Humphrey Introduction The landmark case In re Kenneth Humphrey on Habeas Corpus (11 Cal.5th 135) addressed a...
California Supreme Court Rules Against Time Rounding in Meal Periods and Establishes Rebuttable Presumption for Noncompliance

California Supreme Court Rules Against Time Rounding in Meal Periods and Establishes Rebuttable Presumption for Noncompliance

Date: Feb 26, 2021
California Supreme Court Rules Against Time Rounding in Meal Periods and Establishes Rebuttable Presumption for Noncompliance Introduction In the landmark case Kennedy Donohue v. AMN Services, LLC...
Supreme Court Upholds Senate Bill 1391 as Constitutional Amendment to Proposition 57 on Juvenile Transfer to Adult Court

Supreme Court Upholds Senate Bill 1391 as Constitutional Amendment to Proposition 57 on Juvenile Transfer to Adult Court

Date: Feb 26, 2021
Supreme Court Upholds Senate Bill 1391 as Constitutional Amendment to Proposition 57 on Juvenile Transfer to Adult Court Introduction In the landmark case of O.G., a Minor, etc., Petitioner, v. THE...
Affirmation of Admissibility of Similar Crimes and Gang Membership Evidence in Capital Cases: People v. Chhoun

Affirmation of Admissibility of Similar Crimes and Gang Membership Evidence in Capital Cases: People v. Chhoun

Date: Feb 12, 2021
Affirmation of Admissibility of Similar Crimes and Gang Membership Evidence in Capital Cases: People v. Chhoun Introduction In the landmark case of People v. Run Peter Chhoun (11 Cal.5th 1, 2021),...
Affirmation of Non-Discriminatory Jury Selection and Admissibility of Comprehensive Evidence in People v. Baker

Affirmation of Non-Discriminatory Jury Selection and Admissibility of Comprehensive Evidence in People v. Baker

Date: Feb 2, 2021
Affirmation of Non-Discriminatory Jury Selection and Admissibility of Comprehensive Evidence in People v. Baker Introduction In the case of The People v. Paul Wesley Baker, the Supreme Court of...
Affirmation of Death Sentence in People v. Johnsen: Upholding Due Process and Evidentiary Standards

Affirmation of Death Sentence in People v. Johnsen: Upholding Due Process and Evidentiary Standards

Date: Feb 2, 2021
Affirmation of Death Sentence in People v. Johnsen: Upholding Due Process and Evidentiary Standards Introduction In the landmark case The People v. Brian David Johnsen (10 Cal.5th 1116, 2021), the...
In re Palmer II: California Supreme Court Clarifies Habeas Corpus Relief and Parole in Excessive Sentencing Cases

In re Palmer II: California Supreme Court Clarifies Habeas Corpus Relief and Parole in Excessive Sentencing Cases

Date: Jan 29, 2021
In re Palmer II: California Supreme Court Clarifies Habeas Corpus Relief and Parole in Excessive Sentencing Cases Introduction The case of In re William M. Palmer II on Habeas Corpus (10 Cal.5th 959)...
Affirmation of First-Degree Murder Conviction and Death Sentence in People v. Ramirez: Implications for Jury Instructions and Courtroom Conduct

Affirmation of First-Degree Murder Conviction and Death Sentence in People v. Ramirez: Implications for Jury Instructions and Courtroom Conduct

Date: Jan 29, 2021
Affirmation of First-Degree Murder Conviction and Death Sentence in People v. Ramirez: Implications for Jury Instructions and Courtroom Conduct Introduction People v. Irving Alexander Ramirez, 10...
Retroactive Application of Dynamex ABC Test for Worker Classification in California Wage Orders

Retroactive Application of Dynamex ABC Test for Worker Classification in California Wage Orders

Date: Jan 15, 2021
Retroactive Application of Dynamex ABC Test for Worker Classification in California Wage Orders Introduction In Gerardo Vazquez et al. v. Jan-Pro Franchising International, Inc. (10 Cal.5th 944), the...
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