California Case Commentaries

Reaffirmation of Admissibility of Gang Membership Evidence and Adoptive Admissions in Capital Sentencing: People v. Tracey Lavell Carter

Date: Jun 20, 2003

Reaffirmation of Admissibility of Gang Membership Evidence and Adoptive Admissions in Capital Sentencing: People v. Tracey Lavell Carter Introduction In the landmark case of People v. Tracey Lavell...

Limitations on the Use of Penal Code Section 1385: Sentencing Factors Cannot Be Disregarded

Date: Jun 20, 2003

Limitations on the Use of Penal Code Section 1385: Sentencing Factors Cannot Be Disregarded Introduction In re Ronald Lee Varnell, on Habeas Corpus (30 Cal.4th 1132), adjudicated by the Supreme Court...

Affirmation of Death Penalty under Felony-Murder Special Circumstances: People v. Michael Lamont Jones

Date: Jun 17, 2003

Affirmation of Death Penalty under Felony-Murder Special Circumstances: People v. Michael Lamont Jones Introduction In the landmark case of The People v. Michael Lamont Jones, the Supreme Court of...

Reaffirming Trial Court Jurisdiction Under Penal Code Section 987.8(b): People v. Flores

Date: Jun 13, 2003

Reaffirming Trial Court Jurisdiction Under Penal Code Section 987.8(b): People v. Flores Introduction In People v. Flores (2003), the Supreme Court of California addressed a critical procedural issue...

Enforcement of Unambiguous Insurance Policy Terms Without Judicial Rewriting: Rosen v. State Farm

Date: Jun 13, 2003

Enforcement of Unambiguous Insurance Policy Terms Without Judicial Rewriting: Rosen v. State Farm Introduction George ROSEN v. STATE FARM GENERAL INSURANCE COmpany is a landmark decision by the...

Conflict of Interest and Effective Counsel: Insights from PEOPLE v. COX

Date: Jun 10, 2003

Conflict of Interest and Effective Counsel: Insights from PEOPLE v. COX Introduction People v. Michael Anthony Cox is a landmark decision by the Supreme Court of California, delivered on June 9,...

California Supreme Court Establishes Barrier to Recovering Lost Punitive Damages in Legal Malpractice

Date: Jun 10, 2003

California Supreme Court Establishes Barrier to Recovering Lost Punitive Damages in Legal Malpractice Introduction In the landmark case of Ferguson et al. v. Lieff, Cabraser, Heimann Bernstein, LLP...

In re Michael Anthony Cox: Standards for Evaluating Materiality of False Evidence in Habeas Corpus Petitions

Date: Jun 10, 2003

In re Michael Anthony Cox: Standards for Evaluating Materiality of False Evidence in Habeas Corpus Petitions Introduction The case of In re Michael Anthony Cox serves as a pivotal examination of the...

California Supreme Court Affirms Broad Application of Penal Code Section 186.22(d) to Gang-Related Misdemeanors and Felonies

Date: Jun 6, 2003

California Supreme Court Affirms Broad Application of Penal Code Section 186.22(d) to Gang-Related Misdemeanors and Felonies Introduction In Robert L. v. The Superior Court of Orange County, the...

Capital Punishment and Conspiracy: An In-depth Analysis of People v. Hernandez

Date: Jun 3, 2003

Capital Punishment and Conspiracy: An In-depth Analysis of People v. Hernandez Introduction In People v. Hernandez (30 Cal.4th 835, 2003), the Supreme Court of California addressed critical issues...

Federal Preemption of California Medicaid Provider Lien Statutes

Date: Jun 3, 2003

Federal Preemption of California Medicaid Provider Lien Statutes Introduction The case of Cimarron Olszewski, a Minor, etc., Plaintiff and Appellant, v. ScrippsHealth, Defendant and Respondent (30...

PEOPLE v. BUTTRAM: No Certificate Required for Appeals Challenging Sentencing Discretion within Agreed Maximum

Date: May 30, 2003

PEOPLE v. BUTTRAM: No Certificate Required for Appeals Challenging Sentencing Discretion within Agreed Maximum Introduction PEOPLE v. BUTTRAM (30 Cal.4th 773, 2003) addresses a critical issue in...

People v. Nakahara: Affirmation of Death Penalty Procedures and Clarification on Special Circumstances and Jury Instructions

Date: May 23, 2003

People v. Nakahara: Affirmation of Death Penalty Procedures and Clarification on Special Circumstances and Jury Instructions Introduction People v. Evan Teek Nakahara is a pivotal 2003 decision by...

Enhancing Double Jeopardy Protections: Analysis of People v. Batts et al.

Date: May 20, 2003

Enhancing Double Jeopardy Protections: Analysis of People v. Batts et al. Introduction In The People v. Tracy L. Batts et al., 30 Cal.4th 660 (2003), the Supreme Court of California addressed...

Rule 45(e) Does Not Allow Relief from Default for Untimely Statements of Reasonable Grounds: In re Esteban Noe Chavez

Date: May 16, 2003

Rule 45(e) Does Not Allow Relief from Default for Untimely Statements of Reasonable Grounds: In re Esteban Noe Chavez Introduction In re Esteban Noe Chavez is a pivotal decision by the Supreme Court...

Affirmation of Death Penalty Standards in THE PEOPLE v. CALVIN SMITH

Date: May 9, 2003

Affirmation of Death Penalty Standards in THE PEOPLE v. CALVIN SMITH Introduction THE PEOPLE v. CALVIN SMITH, 30 Cal.4th 581 (2003), adjudicated by the Supreme Court of California, is a landmark case...

Authorization of State Fund Disbursements During Budget Impasses: WHITE v. DAVIS Analysis

Date: May 2, 2003

Authorization of State Fund Disbursements During Budget Impasses: WHITE v. DAVIS Analysis Introduction Steven White v. Gray Davis, as Governor, etc., et al. is a landmark decision by the Supreme...

Affirmation of Death Penalty in Navarette v. The People: An In-Depth Legal Analysis

Date: Apr 29, 2003

Affirmation of Death Penalty in Navarette v. The People: An In-Depth Legal Analysis Introduction In the landmark case of The People v. Martin Anthony Navarette (30 Cal.4th 458, 2003), the Supreme...

Admissibility of Anonymous Tip Program Evidence and Jury Selection in Capital Murder: Analysis of People v. Robert Edward Maury

Date: Apr 25, 2003

Admissibility of Anonymous Tip Program Evidence and Jury Selection in Capital Murder: Analysis of People v. Robert Edward Maury Introduction In "People v. Robert Edward Maury" (30 Cal.4th 342, 2003),...

Inherent Conflict Between Arbitration and Public Injunctive Relief: Cruz v. PacifiCare HealthSystems

Date: Apr 25, 2003

Inherent Conflict Between Arbitration and Public Injunctive Relief: Cruz v. PacifiCare HealthSystems Introduction In Jose E. Cruz et al. v. PacifiCare HealthSystems, Inc. et al., the Supreme Court of...

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