California Case Commentaries

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....

Determining Property Interests: Fee Simple vs. Easement in Railroad Conveyances

Date: Apr 26, 1996

Determining Property Interests: Fee Simple vs. Easement in Railroad Conveyances Introduction The case of City of Manhattan Beach v. The Superior Court of Los Angeles County et al. revolves around a...

Admissibility of Hearsay Evidence in Prior Conviction Enhancements: Analysis of People v. Reed

Date: Apr 26, 1996

Admissibility of Hearsay Evidence in Prior Conviction Enhancements: Analysis of People v. Reed Introduction People v. Reed (13 Cal.4th 217, 1996) is a landmark decision by the Supreme Court of...

Juvenile Courts' Authority to Condition Visitation on Parental Counseling: An In-Depth Analysis of In re Chantal S.

Date: Apr 23, 1996

Juvenile Courts' Authority to Condition Visitation on Parental Counseling: An In-Depth Analysis of In re Chantal S. Introduction In re Chantal S. is a landmark 1996 decision by the Supreme Court of...

Strict Compliance with Probable Cause and Waiver of Appellate Rights in Plea Bargains: Analysis of People v. Panizzon

Date: Apr 19, 1996

Strict Compliance with Probable Cause and Waiver of Appellate Rights in Plea Bargains: Analysis of People v. Panizzon Introduction People v. Panizzon is a landmark decision by the Supreme Court of...

Legislative Delegation of Unpaid Furlough Days for Courts: Upholding Government Code Section 68108

Date: Apr 19, 1996

Legislative Delegation of Unpaid Furlough Days for Courts: Upholding Government Code Section 68108 Introduction In the landmark case of THE SUPERIOR COURT OF MENDOCINO COUNTY, Plaintiff and...

Burgess v. Burgess: No Necessity Burden for Relocation in Custody Determination

Date: Apr 16, 1996

Burgess v. Burgess: No Necessity Burden for Relocation in Custody Determination Introduction In In re the Marriage of Burgess, 13 Cal.4th 25 (1996), the Supreme Court of California addressed a...

Affirmation of Capital Sentencing and Evidence Standards in THE PEOPLE v. PEDRO ARIAS

Date: Apr 12, 1996

Affirmation of Capital Sentencing and Evidence Standards in THE PEOPLE v. PEDRO ARIAS Introduction In the landmark case of THE PEOPLE v. PEDRO ARIAS, adjudicated by the Supreme Court of California on...

Jurisdictional Limitations in Sentencing under Penal Code Section 1203.2a: In re ROBERT HODDINOTT

Date: Mar 26, 1996

Jurisdictional Limitations in Sentencing under Penal Code Section 1203.2a: In re ROBERT HODDINOTT Introduction The case of In re ROBERT HODDINOTT addresses critical issues surrounding sentencing...

Governmental Immunity Extended to Self-Inflicted Injuries by Escapees under Government Code Section 845.8

Date: Mar 8, 1996

Governmental Immunity Extended to Self-Inflicted Injuries by Escapees under Government Code Section 845.8 Introduction In the landmark case of Kay Maureen Ladd, a Minor, etc., Plaintiff and...

Establishing the Materiality of False Prosecution Testimony in Habeas Corpus Proceedings: In re Kelvin Shelby Malone

Date: Mar 8, 1996

Establishing the Materiality of False Prosecution Testimony in Habeas Corpus Proceedings: In re Kelvin Shelby Malone Introduction In re Kelvin Shelby Malone is a pivotal 1996 decision by the Supreme...

EHRLICH v. CITY OF CULVER CITY: Extending Nollan-Dolan Standards to Monetary Exactions

Date: Mar 6, 1996

EHRLICH v. CITY OF CULVER CITY: Extending Nollan-Dolan Standards to Monetary Exactions Introduction EHRLICH v. CITY OF CULVER CITY is a pivotal case adjudicated by the Supreme Court of California in...

Retroactive Application of Penal Code Amendments: People v. Nasalga

Date: Mar 1, 1996

Retroactive Application of Penal Code Amendments: People v. Nasalga Introduction People v. Maria E. Nasalga (12 Cal.4th 784), decided by the Supreme Court of California on February 29, 1996,...

Clarifying Penalty Provisions in Attempted Murder: The People v. Bright Decision

Date: Feb 6, 1996

Clarifying Penalty Provisions in Attempted Murder: The People v. Bright Decision Introduction In The People v. James Michael Bright, decided on February 5, 1996, the Supreme Court of California...

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