California Case Commentaries

Fairbank v. The People: Affirmation of Death Sentence under California's Death Penalty Law

Date: Dec 23, 1997

Fairbank v. The People: Affirmation of Death Sentence under California's Death Penalty Law 1. Introduction Fairbank v. The People (16 Cal.4th 1223, 1997) is a pivotal case adjudicated by the Supreme...

People v. Snook: Affirming Enhanced DUI Penalties Without Sequential Conviction Requirement

Date: Dec 19, 1997

People v. Snook: Affirming Enhanced DUI Penalties Without Sequential Conviction Requirement Introduction In People v. Snook, decided on December 18, 1997, the Supreme Court of California addressed a...

Successor Trustee's Authority to Assert Attorney-Client Privilege Over Predecessor's Communications

Date: Dec 5, 1997

Successor Trustee's Authority to Assert Attorney-Client Privilege Over Predecessor's Communications Introduction In the landmark case of Roger D. Moeller v. Superior Court of Los Angeles County, the...

Restricting Sentence Modification on Probation Revocation: The People v. Howard

Date: Dec 2, 1997

Restricting Sentence Modification on Probation Revocation: The People v. Howard Introduction The People v. Cadelia Louise Howard is a landmark decision by the Supreme Court of California that...

Waiver of Statutory Time Limits under the Permit Streamlining Act: Branden Bickel v. City of Piedmont

Date: Nov 21, 1997

Waiver of Statutory Time Limits under the Permit Streamlining Act: Branden Bickel v. City of Piedmont Introduction Branden Bickel et al., Plaintiffs and Appellants v. City of Piedmont et al.,...

Determining Deadly Weapons: California Supreme Court Revises Interpretation of Penal Code section 245(a)(1)

Date: Nov 18, 1997

Determining Deadly Weapons: California Supreme Court Revises Interpretation of Penal Code section 245(a)(1) Introduction In the landmark case of The PEOPLE v. RAYmond Aguilar et al. (16 Cal.4th...

Voluntary Intoxication and Premeditation in First-Degree Murder: The People v. Adam Castillo

Date: Nov 14, 1997

Voluntary Intoxication and Premeditation in First-Degree Murder: The People v. Adam Castillo Introduction In the landmark case of The People v. Adam Castillo (1997), the Supreme Court of California...

Eliminating Burden-Shifting Instructions in Asbestos-Related Cancer Cases: A Detailed Analysis of Rutherford v. Owens-Illinois

Date: Aug 29, 1997

Eliminating Burden-Shifting Instructions in Asbestos-Related Cancer Cases: A Detailed Analysis of Rutherford v. Owens-Illinois 1. Introduction The case of Thelma L. Rutherford et al. v....

Clarifying 'Three Strikes' Law: Multiple Prior Convictions from a Single Proceeding Count as Separate Strikes

Date: Aug 29, 1997

Clarifying 'Three Strikes' Law: Multiple Prior Convictions from a Single Proceeding Count as Separate Strikes Introduction In the landmark case of The People, Plaintiff and Respondent, v. Scott...

Establishing FEHA as a Basis for Common Law Wrongful Discharge Claims in Age Discrimination Cases

Date: Aug 28, 1997

Establishing FEHA as a Basis for Common Law Wrongful Discharge Claims in Age Discrimination Cases Introduction The case of Joan Stevenson v. The Superior Court of Los Angeles County, with Huntington...

Double Jeopardy Exception in Noncapital Sentencing: People v. Monge (1997)

Date: Aug 28, 1997

Double Jeopardy Exception in Noncapital Sentencing: People v. Monge (1997) Introduction People v. Angel Jaime Monge is a landmark decision by the Supreme Court of California that delves into the...

California Supreme Court Establishes Broad Interpretation of Penal Code Section 69 in Juvenile Case

Date: Aug 27, 1997

California Supreme Court Establishes Broad Interpretation of Penal Code Section 69 in Juvenile Case Introduction In the landmark case In re MANUEL G., the Supreme Court of California addressed...

Affirmation of Adequate Remedies in Inverse Condemnation Claims under Rent Control: Kavanau v. Santa Monica Rent Control Board

Date: Aug 27, 1997

Affirmation of Adequate Remedies in Inverse Condemnation Claims under Rent Control: Kavanau v. Santa Monica Rent Control Board Introduction The case of Earl W. Kavanau v. Santa Monica Rent Control...

Intent to Kill Essential in Retrial of Multiple-Murder Special Circumstances: PEOPLE v. WILLIAMS

Date: Aug 22, 1997

Intent to Kill Essential in Retrial of Multiple-Murder Special Circumstances: PEOPLE v. WILLIAMS Introduction People v. Darren Charles Williams (16 Cal.4th 635, 1997) is a pivotal decision by the...

Enforcement of Prosecutorial Commitments: A Landmark Decision in The People v. Drax Quartermain

Date: Aug 22, 1997

Enforcement of Prosecutorial Commitments: A Landmark Decision in The People v. Drax Quartermain Introduction The People v. Drax Quartermain is a seminal case adjudicated by the Supreme Court of...

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...