California Case Commentaries

Affirmation of Broad Interpretation of Financial-Gain Special Circumstance in Capital Sentencing

Date: Aug 26, 2003

Affirmation of Broad Interpretation of Financial-Gain Special Circumstance in Capital Sentencing Introduction The Supreme Court of California, in the case of The People v. Mark Christopher Crew,...

Reaffirming Trial Courts' Deference in Batson/Wheeler Challenges: Analysis of PEOPLE v. REYNOSO

Date: Aug 26, 2003

Reaffirming Trial Courts' Deference in Batson/Wheeler Challenges: Analysis of PEOPLE v. REYNOSO Introduction People v. John Paul Reynoso is a landmark decision by the Supreme Court of California...

Reaffirmation of the Waiver Rule in Sentencing Appeals: An Examination of People v. González et al. (31 Cal.4th 745)

Date: Aug 22, 2003

Reaffirmation of the Waiver Rule in Sentencing Appeals: An Examination of People v. González et al. (31 Cal.4th 745) Introduction In the landmark case of People v. González et al., the Supreme Court...

Enhancing Due Process in Civil Commitment: Insights from People v. Robert Williams

Date: Aug 22, 2003

Enhancing Due Process in Civil Commitment: Insights from People v. Robert Williams Introduction The case of THE PEOPLE v. ROBERT WILLIAMS (31 Cal.4th 757) represents a significant judiciary...

Affirmation of Prior Murder Special Circumstance for Death Penalty Based on Out-of-State Conviction in PEOPLE v. MARTINEZ

Date: Aug 19, 2003

Affirmation of Prior Murder Special Circumstance for Death Penalty Based on Out-of-State Conviction in PEOPLE v. MARTINEZ Introduction In People v. Omar Fuentes Martinez (31 Cal.4th 673), the Supreme...

Malicious Prosecution Claims Subject to Anti-SLAPP Scrutiny: Jarrow Formulas, Inc. v. LaMarche

Date: Aug 19, 2003

Malicious Prosecution Claims Subject to Anti-SLAPP Scrutiny: Jarrow Formulas, Inc. v. LaMarche Introduction Jarrow Formulas, Inc., Plaintiff and Appellant, v. Sandra Hogan LaMarche, et al.,...

Qualified Privilege of Communication Under Civil Code Section 43.8 Extended to Entities

Date: Aug 19, 2003

Qualified Privilege of Communication Under Civil Code Section 43.8 Extended to Entities Introduction The case of Allen HASSAN v. MERCY AMERICAN RIVER HOSPITAL (31 Cal.4th 709) adjudicated by the...

California Supreme Court Establishes Clear Boundaries for Pollution Exclusions in CGL Policies

Date: Aug 15, 2003

California Supreme Court Establishes Clear Boundaries for Pollution Exclusions in CGL Policies Introduction In the landmark case of John R. MacKinnon et al. v. Truck Insurance Exchange, the Supreme...

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.

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

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

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

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

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

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

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

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

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

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

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,...