California Case Commentaries

Intent to Kill Requirement in Felony-Murder During the Carlos/Anderson Window Period Established in People v. Haley

Date: Aug 27, 2004

Intent to Kill Requirement in Felony-Murder During the Carlos/Anderson Window Period Established in People v. Haley Introduction People v. Kevin Bernard Haley (34 Cal.4th 283) is a pivotal decision...

Sav-on Drug Stores, Inc. v. Superior Court: Affirming Class Certification for Unpaid Overtime Claims under Misclassification

Date: Aug 27, 2004

Sav-on Drug Stores, Inc. v. Superior Court: Affirming Class Certification for Unpaid Overtime Claims under Misclassification Introduction In Sav-on Drug Stores, Inc. v. Superior Court, the Supreme...

In re Ronald Harold Seaton: Establishing the Forfeiture Rule in Habeas Corpus Proceedings

Date: Aug 24, 2004

In re Ronald Harold Seaton: Establishing the Forfeiture Rule in Habeas Corpus Proceedings Introduction In re Ronald Harold Seaton (34 Cal.4th 193) is a landmark decision by the Supreme Court of...

Mistake of Fact Defense Recognized Under California BPC §25658(c)

Date: Aug 24, 2004

Mistake of Fact Defense Recognized Under California BPC §25658(c) Introduction The case of In re Michael Lee Jennings on Habeas Corpus (34 Cal.4th 254) presents a pivotal moment in California's legal...

Joint Trials and Death Penalty Sentencing: An Analysis of People v. Coffman (2004) 34 Cal.4th 1

Date: Aug 20, 2004

Joint Trials and Death Penalty Sentencing: An Analysis of People v. Coffman (2004) 34 Cal.4th 1 Introduction People v. Cynthia Lynn Coffman and James Gregory Marlow, 34 Cal.4th 1 (2004), is a pivotal...

Establishing the Applicability of Second Degree Felony Murder in Cases of Grossly Negligent Firearm Discharge

Date: Aug 20, 2004

Establishing the Applicability of Second Degree Felony Murder in Cases of Grossly Negligent Firearm Discharge Introduction The case of The People v. Quincy Robertson (34 Cal.4th 156) adjudicated by...

Enhancement of Sentences for Prior Escape Convictions under Penal Code §667.5(b)

Date: Aug 17, 2004

Enhancement of Sentences for Prior Escape Convictions under Penal Code §667.5(b) Introduction In the landmark case of The People v. Walter Shane Langston, decided by the Supreme Court of California...

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...

People v. Stephen Cole: Upholding Death Penalty Procedures and Counsel Appointments in Capital Cases

Date: Aug 17, 2004

People v. Stephen Cole: Upholding Death Penalty Procedures and Counsel Appointments in Capital Cases Introduction People v. Stephen Cole (33 Cal.4th 1158, 2004) is a pivotal judgment by the Supreme...

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...

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...

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...

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...