California Case Commentaries

Ellena Starr Nesler v. The People: Establishing the Substantial Likelihood of Juror Bias from Extrajudicial Information

Date: Aug 22, 1997

Ellena Starr Nesler v. The People: Establishing the Substantial Likelihood of Juror Bias from Extrajudicial Information Introduction In the landmark case of The People v. Ellena Starr Nesler, the...

Discretion in Sentencing under California's Three Strikes Law: People v. Hendrix

Date: Aug 19, 1997

Discretion in Sentencing under California's Three Strikes Law: People v. Hendrix Introduction People v. Hendrix (1997) is a landmark decision by the Supreme Court of California that delves into the...

Enhancement Terms Under California's Three Strikes Law: Clarifying Separate Determinate Sentences

Date: Aug 19, 1997

Enhancement Terms Under California's Three Strikes Law: Clarifying Separate Determinate Sentences Introduction In The People v. Tyrone Craig Dotson, 16 Cal.4th 547 (1997), the Supreme Court of...

Supreme Court Limits Judicial Dismissal for Counsel's Procedural Lapses under Section 575.2(b)

Date: Aug 15, 1997

Supreme Court Limits Judicial Dismissal for Counsel's Procedural Lapses under Section 575.2(b) Introduction The case of Danny Garcia v. Charles McCutchen et al. (16 Cal.4th 469, 1997) addresses the...

Supreme Court Upholds Use of Unsworn Evidence in DUI Administrative License Suspension Hearings

Date: Aug 8, 1997

Supreme Court Upholds Use of Unsworn Evidence in DUI Administrative License Suspension Hearings Introduction In the landmark case of Richard Lake v. Sally R. Reed, adjudicated by the Supreme Court of...

Establishing Stricter Standards for Parental Consent in Abortion Cases: A Comprehensive Commentary on American Academy of Pediatrics v. Lungren

Date: Aug 6, 1997

Establishing Stricter Standards for Parental Consent in Abortion Cases: A Comprehensive Commentary on American Academy of Pediatrics v. Lungren, 16 Cal.4th 307 (1997) Introduction American Academy of...

Williams v. The People: Affirmation of Death Penalty Based on Prior First-Degree Murder Conviction

Date: Aug 5, 1997

Williams v. The People: Affirmation of Death Penalty Based on Prior First-Degree Murder Conviction Introduction In the landmark case of Williams v. The People (16 Cal.4th 153), the Supreme Court of...

California Supreme Court Upholds Harmonization of CESA with CEQA in Mojave Ground Squirrel Delisting

Date: Aug 1, 1997

California Supreme Court Upholds Harmonization of CESA with CEQA in Mojave Ground Squirrel Delisting Introduction The case of Mountain Lion Foundation et al. v. Fish and Game Commission (16 Cal.4th...

Mandatory Imposition of Firearm Use Enhancement in Assault Cases: Analysis of People v. Ledesma

Date: Aug 1, 1997

Mandatory Imposition of Firearm Use Enhancement in Assault Cases: Analysis of People v. Ledesma Introduction People v. Ledesma, 16 Cal.4th 90 (1997), is a landmark decision by the Supreme Court of...

Limits on Insurer Reimbursement for Defense Costs in Mixed Actions Under California Law

Date: Jul 25, 1997

Limits on Insurer Reimbursement for Defense Costs in Mixed Actions Under California Law Introduction In the landmark case of Jerry H. Buss et al. v. Superior Court of Los Angeles County, decided by...

Interplay Between CCP §1141.21(a)(ii) and Labor Code §3856 in Trial De Novo Context

Date: Jul 22, 1997

Interplay Between CCP §1141.21(a)(ii) and Labor Code §3856 in Trial De Novo Context Introduction The case of Charles Phelps IV, Plaintiff and Appellant, v. Gertrude Stostad, Defendant and Respondent,...

Reaffirming the Admissibility of Crime Scene Photographs: Insights from People v. Scheid

Date: Jul 18, 1997

Reaffirming the Admissibility of Crime Scene Photographs: Insights from People v. Scheid Introduction People v. Scheid is a pivotal 1997 decision by the Supreme Court of California that delves into...

Rethinking Section 388 Modifications: Ensuring Best Interests Based on Genuine Changes - In re Kimberly F. et al.

Date: Jul 16, 1997

Rethinking Section 388 Modifications: Ensuring Best Interests Based on Genuine Changes In re Kimberly F. et al. (56 Cal.App.4th 519, Court of Appeal of California, Fourth District, Division Three,...

Double Jeopardy Exception in Subsequent Murder Prosecution – People v. Scott

Date: Jul 15, 1997

Double Jeopardy Exception in Subsequent Murder Prosecution – People v. Scott Introduction Case Overview: In People v. James Robert Scott, the Supreme Court of California addressed significant issues...

Affirmation of Death Penalty and Clarification of Search Warrant Scope in People v. Bradford

Date: Jul 15, 1997

Affirmation of Death Penalty and Clarification of Search Warrant Scope in People v. Bradford Introduction People v. Bill Bradford (15 Cal.4th 1229, 1997) is a landmark decision by the Supreme Court...

Establishing Intent for Special Circumstances in Robbery-Related Death: PEOPLE v. RAMOS (1997)

Date: Jul 8, 1997

Establishing Intent for Special Circumstances in Robbery-Related Death: PEOPLE v. RAMOS (1997) Introduction PEOPLE v. RAMOS is a landmark decision by the Supreme Court of California in 1997. The case...

Affirming the Protection of Psychotherapist-Patient Privilege in Pretrial Proceedings: People v. Hammon

Date: Jul 8, 1997

Affirming the Protection of Psychotherapist-Patient Privilege in Pretrial Proceedings: People v. Hammon Introduction People v. Jerry Duane Hammon, 15 Cal.4th 1117 (1997), is a landmark decision by...

Fraudulent Inducement and Waiver in Arbitration: Nida Engalla v. Permanente Medical Group

Date: Jul 1, 1997

Fraudulent Inducement and Waiver in Arbitration: Nida Engalla et al. v. Permanente Medical Group, Inc., et al. Introduction The California Supreme Court case Nida Engalla et al. v. Permanente Medical...

Regulatory Fees vs. Taxes: Clarifying Proposition 13 in Sinclair Paint Co. v. State Board of Equalization

Date: Jun 27, 1997

Regulatory Fees vs. Taxes: Clarifying Proposition 13 in Sinclair Paint Co. v. State Board of Equalization Introduction Sinclair Paint Company v. State Board of Equalization is a pivotal 1997 decision...

Affirmation of Death Sentence in People v. Gary Dale Hines: Procedural Defenses and Capital Sentencing

Date: Jun 27, 1997

Affirmation of Death Sentence in People v. Gary Dale Hines: Procedural Defenses and Capital Sentencing Introduction People v. Gary Dale Hines (15 Cal.4th 997) is a landmark decision by the Supreme...

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