California Case Commentaries

Strict Liability Affirmed for Failure to Warn by Upjohn in Carlin v. Superior Court (13 Cal.4th 1104)

Date: Aug 31, 1996

Strict Liability Affirmed for Failure to Warn by Upjohn in Carlin v. Superior Court (13 Cal.4th 1104) Introduction Carlin v. Superior Court of Sutter County is a landmark decision by the Supreme...

Admissibility of Battered Women's Syndrome in Self-Defense Claims: The People v. Humphrey

Date: Aug 30, 1996

Admissibility of Battered Women's Syndrome in Self-Defense Claims: The People v. Humphrey Introduction The People v. Evelyn Humphrey (13 Cal.4th 1073) is a landmark case decided by the Supreme Court...

Admissibility of Third-Party Threats in Self-Defense Claims: People v. Minifie

Date: Aug 30, 1996

Admissibility of Third-Party Threats in Self-Defense Claims: People v. Minifie Introduction People v. Steven Arthur Minifie (13 Cal.4th 1055, 1996) is a pivotal case decided by the Supreme Court of...

Affirmation of Firearm Use Enhancements in Sex Offenses: People v. Masbruch

Date: Aug 27, 1996

Affirmation of Firearm Use Enhancements in Sex Offenses: People v. Masbruch Introduction The case of The People v. Richard James Masbruch (13 Cal.4th 1001) adjudicated by the Supreme Court of...

Limitation of ANDERS v. CALIFORNIA: Implications for Indigent Parents in Custody Appeals

Date: Aug 27, 1996

Limitation of ANDERS v. CALIFORNIA: Implications for Indigent Parents in Custody Appeals Introduction The case In re SADE C., a matter adjudicated by the Supreme Court of California on August 26,...

Affirmation of Capital Murder Conviction: Implications for Jury Selection and Evidence Admissibility

Date: Aug 27, 1996

Affirmation of Capital Murder Conviction: Implications for Jury Selection and Evidence Admissibility Introduction The People, Plaintiff and Respondent, appealed the conviction and death sentence of...

San Diego Gas and Electric Co. v. Superior Court of Orange County: Establishing Jurisdictional Boundaries in EMF Liability Claims

Date: Aug 23, 1996

San Diego Gas and Electric Co. v. Superior Court of Orange County: Establishing Jurisdictional Boundaries in EMF Liability Claims Introduction In San Diego Gas and Electric Company v. The Superior...

California Supreme Court Affirms Juvenile Court's Authority to Modify Permanent Plans Under Rule 1466(b)

Date: Aug 9, 1996

California Supreme Court Affirms Juvenile Court's Authority to Modify Permanent Plans Under Rule 1466(b) Introduction In the landmark case of SAN DIEGO COUNTY DEPARTMENT OF SOCIAL SERVICES v....

People v. George Edward Marshall: Affirmation of Conviction with Revised Special Circumstance Findings

Date: Aug 8, 1996

People v. George Edward Marshall: Affirmation of Conviction with Revised Special Circumstance Findings Introduction People v. George Edward Marshall, 13 Cal.4th 799 (1996), adjudicated by the Supreme...

Inclusion of Inhabited Vessels in Serious Felony Enhancements: An Analysis of People v. Kermit Vargas Cruz

Date: Aug 6, 1996

Inclusion of Inhabited Vessels in Serious Felony Enhancements: An Analysis of People v. Kermit Vargas Cruz Introduction People v. Kermit Vargas Cruz (13 Cal.4th 764) is a pivotal case decided by the...

Clarifying Jury Instructions in Felony Murder: An Analysis of People v. Osband

Date: Jul 30, 1996

Clarifying Jury Instructions in Felony Murder: An Analysis of People v. Osband Introduction In People v. Osband (13 Cal.4th 622, 1996), the Supreme Court of California addressed critical issues...

Supreme Court of California Permits Postverdict Amendments of Information under Penal Code §969a

Date: Jul 19, 1996

Supreme Court of California Permits Postverdict Amendments of Information under Penal Code §969a Introduction In the landmark case of The People v. Pedro Valladoli (13 Cal.4th 590, 1996), the Supreme...

Effective Assistance of Counsel in Capital Cases: In re Troy Lee Jones

Date: Jun 28, 1996

Effective Assistance of Counsel in Capital Cases: In re Troy Lee Jones Introduction In re Troy Lee Jones on Habeas Corpus (13 Cal.4th 552), adjudicated by the Supreme Court of California on June 27,...

Retention of Judicial Discretion to Strike Prior Felony Convictions in Three Strikes Cases under Penal Code Section 1385

Date: Jun 21, 1996

Retention of Judicial Discretion to Strike Prior Felony Convictions in Three Strikes Cases under Penal Code Section 1385 Introduction The case of The People v. The Superior Court of San Diego County,...

Protecting Confrontation Rights in Joint Trials: Insights from People v. Fletcher

Date: Jun 18, 1996

Protecting Confrontation Rights in Joint Trials: Insights from People v. Fletcher Introduction People v. Brian Ray Fletcher et al. (13 Cal.4th 451) is a landmark decision by the Supreme Court of...

People v. Avena: Upholding Capital Sentencing Standards and Affirming Procedural Integrity

Date: Jun 11, 1996

People v. Avena: Upholding Capital Sentencing Standards and Affirming Procedural Integrity Introduction People v. Carlos Jaime Avena (13 Cal.4th 394, 1996) is a pivotal decision by the Supreme Court...

Cornejo v. Cornejo: Defining the Trigger for Immediate Payment of Community Property Retirement Benefits

Date: May 31, 1996

Cornejo v. Cornejo: Defining the Trigger for Immediate Payment of Community Property Retirement Benefits Introduction In re the Marriage of CARLOS V. and JOANNE LOIS CORNEJO is a seminal case decided...

Admissibility of Confessions and Prior Convictions in Capital Sentencing: Insights from The People v. Clarence Ray, Jr.

Date: May 7, 1996

Admissibility of Confessions and Prior Convictions in Capital Sentencing: Insights from The People v. Clarence Ray, Jr. Introduction The People v. Clarence Ray, Jr. is a landmark decision by the...

Retrial on Greater Offense Barred by Double Jeopardy Following Conviction on Lesser Included Offense

Date: May 3, 1996

Retrial on Greater Offense Barred by Double Jeopardy Following Conviction on Lesser Included Offense Introduction The People v. Paul Douglas Fields, 13 Cal.4th 289 (1996), is a seminal Supreme Court...

Preemption of Collective Bargaining Agreements in Probationary Teacher Reelection Decisions

Date: Apr 30, 1996

Preemption of Collective Bargaining Agreements in Probationary Teacher Reelection Decisions Introduction In the landmark case of Board of Education of the Round Valley Unified School District et al....

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