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  • Commentaries
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California Case Commentaries

Application of the Uniform Fraudulent Transfer Act to Marital Settlement Agreements: Rhina Mejia v. Danilo Reed

Application of the Uniform Fraudulent Transfer Act to Marital Settlement Agreements: Rhina Mejia v. Danilo Reed

Date: Aug 15, 2003
Application of the Uniform Fraudulent Transfer Act to Marital Settlement Agreements: Rhina Mejia v. Danilo Reed Introduction Rhina Mejia v. Danilo Reed is a landmark decision by the Supreme Court of...
Interpreting Penal Code Section 664(a): The Supreme Court's Ruling in People v. Phia Lee et al.

Interpreting Penal Code Section 664(a): The Supreme Court's Ruling in People v. Phia Lee et al.

Date: Aug 15, 2003
Interpreting Penal Code Section 664(a): The Supreme Court's Ruling in People v. Phia Lee et al. Introduction People v. Phia Lee et al., 31 Cal.4th 613 (2003), is a landmark decision by the Supreme...
PEOPLE v. BROWN: Clarification on Admissibility of Declarations Against Penal Interest and Jury Instruction Guidelines

PEOPLE v. BROWN: Clarification on Admissibility of Declarations Against Penal Interest and Jury Instruction Guidelines

Date: Aug 12, 2003
PEOPLE v. BROWN: Clarification on Admissibility of Declarations Against Penal Interest and Jury Instruction Guidelines Introduction In the landmark case of PEOPLE v. BROWN (31 Cal.4th 518, Supreme...
Pro Se Submissions by Represented Capital Inmates: Establishing Standard Procedures

Pro Se Submissions by Represented Capital Inmates: Establishing Standard Procedures

Date: Aug 8, 2003
Pro Se Submissions by Represented Capital Inmates: Establishing Standard Procedures Introduction In re Lee Max Barnett on Habeas Corpus (31 Cal.4th 466) is a landmark decision by the Supreme Court of...
Reaffirmation of Preponderance of Evidence Standard for Juvenile Probation Violations under Section 777(a)(2) Post Proposition 21

Reaffirmation of Preponderance of Evidence Standard for Juvenile Probation Violations under Section 777(a)(2) Post Proposition 21

Date: Aug 8, 2003
Reaffirmation of Preponderance of Evidence Standard for Juvenile Probation Violations under Section 777(a)(2) Post Proposition 21 Introduction The case of IN RE EDDIE M. addresses critical aspects of...
In re Zeth S.: Limiting Post-Judgment Evidence in Juvenile Dependency Appeals

In re Zeth S.: Limiting Post-Judgment Evidence in Juvenile Dependency Appeals

Date: Aug 5, 2003
In re Zeth S.: Limiting Post-Judgment Evidence in Juvenile Dependency Appeals Introduction The case of In re Zeth S. addresses a pivotal issue in juvenile dependency proceedings: whether appellate...
Henry v. Centex Homes: Reaffirming the 10-Year Limitation Period for Latent Construction Defects

Henry v. Centex Homes: Reaffirming the 10-Year Limitation Period for Latent Construction Defects

Date: Aug 5, 2003
Henry v. Centex Homes: Reaffirming the 10-Year Limitation Period for Latent Construction Defects Introduction Henry V. Lantzy et al. v. Centex Homes et al. (31 Cal.4th 363, 2003) is a landmark...
Warrantless Searches of Parolee Residences Unlawful Without Prior Knowledge of Search Conditions: California Supreme Court Upholds Evidence Suppression

Warrantless Searches of Parolee Residences Unlawful Without Prior Knowledge of Search Conditions: California Supreme Court Upholds Evidence Suppression

Date: Aug 1, 2003
Warrantless Searches of Parolee Residences Unlawful Without Prior Knowledge of Search Conditions: California Supreme Court Upholds Evidence Suppression Introduction In the landmark case of The People...
Interpretation of Penal Code Section 186.22(b)(5) in PEOPLE v. MONTES

Interpretation of Penal Code Section 186.22(b)(5) in PEOPLE v. MONTES

Date: Aug 1, 2003
Interpretation of Penal Code Section 186.22(b)(5) in PEOPLE v. MONTES Introduction People v. Victor Rodriguez Montes, 31 Cal.4th 350 (2003), is a seminal case adjudicated by the Supreme Court of...
Affirmation of Defendant's Right to Effective Counsel and Fair Trial Procedures in Capital Murder Cases

Affirmation of Defendant's Right to Effective Counsel and Fair Trial Procedures in Capital Murder Cases

Date: Aug 1, 2003
Affirmation of Defendant's Right to Effective Counsel and Fair Trial Procedures in Capital Murder Cases Introduction The People, Plaintiff and Respondent, v. John Sapp is a pivotal case adjudicated...
The People v. Marks: Affirmation of Conviction and Clarifications on Competency and Evidentiary Standards

The People v. Marks: Affirmation of Conviction and Clarifications on Competency and Evidentiary Standards

Date: Jul 25, 2003
The People v. Marks: Affirmation of Conviction and Clarifications on Competency and Evidentiary Standards Introduction In The People v. Delaney Geral Marks, the Supreme Court of California affirmed...
Prospective Application of Proposition 36 Affirmed in PEOPLE v. FLOYD

Prospective Application of Proposition 36 Affirmed in PEOPLE v. FLOYD

Date: Jul 22, 2003
Prospective Application of Proposition 36 Affirmed in PEOPLE v. FLOYD Introduction People v. Andre Rene Floyd (31 Cal.4th 179) is a pivotal case decided by the Supreme Court of California on July 21,...
People v. Yeoman (2003): Affirmation of Death Sentence and Clarifications on Admissibility of Prior Bad Acts and Jury Selection Bias

People v. Yeoman (2003): Affirmation of Death Sentence and Clarifications on Admissibility of Prior Bad Acts and Jury Selection Bias

Date: Jul 18, 2003
People v. Yeoman (2003): Affirmation of Death Sentence and Clarifications on Admissibility of Prior Bad Acts and Jury Selection Bias Introduction People v. Ralph Michael Yeoman is a landmark decision...
Involuntariness of Confessions and Miranda Violations in People v. Neal

Involuntariness of Confessions and Miranda Violations in People v. Neal

Date: Jul 15, 2003
Involuntariness of Confessions and Miranda Violations in People v. Neal Introduction People v. Kenneth Ray Neal is a landmark decision by the Supreme Court of California rendered on July 14, 2003....
Impact of Welfare and Institutions Code §366.26(c)(1)(E) on Sibling Relationships in Adoption Proceedings

Impact of Welfare and Institutions Code §366.26(c)(1)(E) on Sibling Relationships in Adoption Proceedings

Date: Jul 8, 2003
Impact of Welfare and Institutions Code §366.26(c)(1)(E) on Sibling Relationships in Adoption Proceedings Introduction The case IN RE CELINE R. et al., Persons Coming Under the Juvenile Court Law...
California Upholds Strong Likelihood Standard in Peremptory Challenges Consistent with Batson

California Upholds Strong Likelihood Standard in Peremptory Challenges Consistent with Batson

Date: Jul 1, 2003
California Upholds Strong Likelihood Standard in Peremptory Challenges Consistent with Batson Introduction In The People v. Jay Shawn Johnson, 30 Cal.4th 1302 (2003), the Supreme Court of California...
Limiting Trespass to Chattels in Digital Communications: California Supreme Court in Intel v. Hamidi

Limiting Trespass to Chattels in Digital Communications: California Supreme Court in Intel v. Hamidi

Date: Jul 1, 2003
Limiting Trespass to Chattels in Digital Communications: California Supreme Court in Intel v. Hamidi Introduction The case of Intel Corporation v. Kourosh Kenneth Hamidi (30 Cal.4th 1342) addresses...
But For Causation Required in California Transactional Legal Malpractice

But For Causation Required in California Transactional Legal Malpractice

Date: Jun 24, 2003
But For Causation Required in California Transactional Legal Malpractice Introduction The case of Michael Viner et al. v. Charles A. Sweet et al. (30 Cal.4th 1232) serves as a pivotal decision in...
Resentencing Hearings Do Not Constitute 'New Trial' Under CCP Section 170.6(2)

Resentencing Hearings Do Not Constitute 'New Trial' Under CCP Section 170.6(2)

Date: Jun 24, 2003
Resentencing Hearings Do Not Constitute 'New Trial' Under CCP Section 170.6(2) Introduction In James Peracchi v. The Superior Court of Fresno County, 30 Cal.4th 1245 (2003), the Supreme Court of...
Discretion in Imposing On-Bail Enhancements Under Penal Code §12022.1: Insights from The PEOPLE v. MELONEY

Discretion in Imposing On-Bail Enhancements Under Penal Code §12022.1: Insights from The PEOPLE v. MELONEY

Date: Jun 20, 2003
Discretion in Imposing On-Bail Enhancements Under Penal Code §12022.1: Insights from The PEOPLE v. MELONEY Introduction The People v. Keith Robert Meloney, 30 Cal.4th 1145 (2003), is a landmark...
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