California Case Commentaries

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

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

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

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

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

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)

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

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...

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...