California Case Commentaries

Affirmation of Capital Conviction in PEOPLE v. LEWIS: Upholding Felony-Murder Doctrine and Procedural Safeguards

Date: May 18, 2001

Affirmation of Capital Conviction in PEOPLE v. LEWIS: Upholding Felony-Murder Doctrine and Procedural Safeguards Introduction People v. Milton Otis Lewis (25 Cal.4th 610) is a landmark decision by...

PEOPLE v. ANDERSON: Upholding Death Sentence Amidst Jury Selection and Witness Scrutiny

Date: May 15, 2001

PEOPLE v. ANDERSON: Upholding Death Sentence Amidst Jury Selection and Witness Scrutiny Introduction People v. James Phillip Anderson is a pivotal case adjudicated by the Supreme Court of California...

Apportionment of Surplus Pension Assets as Business Income: California's Interpretation Under UDITPA in Hoechst Celanese Corporation v. Franchise Tax Board

Date: May 15, 2001

Apportionment of Surplus Pension Assets as Business Income: California's Interpretation Under UDITPA in Hoechst Celanese Corporation v. Franchise Tax Board Introduction The case of Hoechst Celanese...

Affirming Court's Authority to Remove Jurors Disregarding Legal Instructions: PEOPLE v. WILLIAMS

Date: May 8, 2001

Affirming Court's Authority to Remove Jurors Disregarding Legal Instructions: PEOPLE v. WILLIAMS Introduction PEOPLE v. WILLIAMS (25 Cal.4th 441, 2001) is a landmark decision by the Supreme Court of...

Affirmation of Court of Appeal in People v. Cleveland: Standards for Discharging Jurors

Date: May 8, 2001

Affirmation of Court of Appeal in People v. Cleveland: Standards for Discharging Jurors Introduction In People v. Roshay D. Cleveland, 25 Cal.4th 466 (2001), the Supreme Court of California addressed...

State Law Claims Against HMOs for Medicare-Subsidized Services Not Subject to Medicare's Exclusive Review Process

Date: May 4, 2001

State Law Claims Against HMOs for Medicare-Subsidized Services Not Subject to Medicare's Exclusive Review Process Introduction The landmark decision in Barbara McCall, Individually and as Trustee,...

Discriminatory Peremptory Challenges and Their Impact on Death Sentences: Analysis of People v. Rodriguez Silva

Date: May 1, 2001

Discriminatory Peremptory Challenges and Their Impact on Death Sentences: Analysis of People v. Rodriguez Silva Introduction In the landmark case People v. Rodriguez Silva, 25 Cal.4th 345 (2001), the...

Balancing First Amendment Rights and Right of Publicity: California Supreme Court’s Ruling in Comedy III Productions v. Gary Saderup

Date: May 1, 2001

Balancing First Amendment Rights and Right of Publicity: California Supreme Court’s Ruling in Comedy III Productions v. Gary Saderup Introduction The case of Comedy III Productions, Inc. v. Gary...

Minors Cannot be Accomplices in Incestuous Relationships: Insights from PEOPLE v. TOBIAS (2001)

Date: Apr 27, 2001

Minors Cannot be Accomplices in Incestuous Relationships: Insights from PEOPLE v. TOBIAS (2001) Introduction Case: The People, Plaintiff and Respondent, v. Joel Robert Tobias, Defendant and...

Civil Code Section 3333.4: Limitations on Uninsured Motorists' Recovery Against Public Entities

Date: Apr 6, 2001

Broad Interpretation of Civil Code Section 3333.4: Limitations on Uninsured Motorists' Recovery Against Public Entities Introduction The case of Russell Glen DAY v. CITY OF FONTANA et al. (25 Cal.4th...

Ineffective Assistance of Counsel and Immigration Consequences: Insights from In re Hugo Rangel Resendiz

Date: Apr 3, 2001

Ineffective Assistance of Counsel and Immigration Consequences: Insights from In re Hugo Rangel Resendiz Introduction In re Hugo Rangel Resendiz, on Habeas Corpus. (25 Cal.4th 230, 2001) is a pivotal...

Murphy v. The People: Confirmation of Oral Copulation under Three Strikes Law and Habitual Sexual Offender Statute

Date: Mar 30, 2001

Murphy v. The People: Confirmation of Oral Copulation under Three Strikes Law and Habitual Sexual Offender Statute Introduction Murphy v. The People is a landmark case decided by the Supreme Court of...

CEQA Compliance Required for Public Agency-Generated Initiatives: Insights from FRIENDS OF SIERRA MADRE v. CITY OF SIERRA MADRE

Date: Mar 30, 2001

CEQA Compliance Required for Public Agency-Generated Initiatives: Insights from FRIENDS OF SIERRA MADRE v. CITY OF SIERRA MADRE Introduction The California Supreme Court case Friends of Sierra Madre...

Interpretation of "Single Occasion" and "In the Commission Of" in Penal Code Sections 667.61(g) and 12022.3(a)

Date: Mar 16, 2001

Interpretation of "Single Occasion" and "In the Commission Of" in Penal Code Sections 667.61(g) and 12022.3(a) Introduction The People v. Gregory Tommie Jones, 25 Cal.4th 98 (2001), is a landmark...

Voluntary Intoxication and General Intent: Establishing the Standard in Arson Cases

Date: Mar 13, 2001

Voluntary Intoxication and General Intent: Establishing the Standard in Arson Cases Introduction In the landmark case of The People v. Robert Nelson Atkins, decided by the Supreme Court of California...

Cal-Vet Home Protection Plan: Not Classified as Insurance Under California Insurance Code

Date: Mar 9, 2001

Cal-Vet Home Protection Plan: Not Classified as Insurance Under California Insurance Code Introduction The landmark case Bruce Sweatman III v. Department of Veterans Affairs (25 Cal.4th 62, 2001)...

Precedent-Setting Ruling on Prosecutorial Conduct in PEOPLE v. MORALES

Date: Mar 6, 2001

Precedent-Setting Ruling on Prosecutorial Conduct in PEOPLE v. MORALES Introduction People v. David Hans Morales, 25 Cal.4th 34 (2001), is a landmark case decided by the Supreme Court of California....

Narrowing Jury Trial Rights on Prior Convictions: Analysis of PEOPLE v. EPPS

Date: Mar 6, 2001

Narrowing Jury Trial Rights on Prior Convictions: Analysis of PEOPLE v. EPPS Introduction PEOPLE v. EPPS, 25 Cal.4th 19 (2001), is a pivotal decision by the Supreme Court of California that addresses...

Enhancement of Attorney Fees in Anti-SLAPP Motions: Insights from Smith A. Ketchum III v. John M. Moses

Date: Feb 27, 2001

Enhancement of Attorney Fees in Anti-SLAPP Motions: Insights from Smith A. Ketchum III v. John M. Moses Introduction The case Smith A. Ketchum III v. John M. Moses, adjudicated by the Supreme Court...

Limitation on Appellate Review of Judicial Disqualification: Only Parties May Seek Writ of Mandate Under CCP §170.3(d)

Date: Feb 9, 2001

Limitation on Appellate Review of Judicial Disqualification: Only Parties May Seek Writ of Mandate Under CCP §170.3(d) Introduction Wilson CURLE v. SUPERIOR COURT OF SHASTA COUNTY is a pivotal...