California Case Commentaries

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...

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...