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  • Commentaries
  • Judgments

California Case Commentaries

Overruling Gould: Substantial Evidence Standard for Out-of-Court Identifications

Overruling Gould: Substantial Evidence Standard for Out-of-Court Identifications

Date: Dec 27, 1995
Overruling Gould: Substantial Evidence Standard for Out-of-Court Identifications Introduction People v. Robert Munoz Cuevas (12 Cal.4th 252, 1995) marks a significant shift in the California Supreme...
Enhancement of DUI Convictions under California Penal Code: Insights from People v. Coronado

Enhancement of DUI Convictions under California Penal Code: Insights from People v. Coronado

Date: Dec 22, 1995
Enhancement of DUI Convictions under California Penal Code: Insights from People v. Coronado Introduction People v. Coronado (1995) 12 Cal.4th 145, adjudicated by the Supreme Court of California,...
Affirmation of Section 1983 Rights Over Arbitration Procedures in State Bar Dues Political Activity Disputes

Affirmation of Section 1983 Rights Over Arbitration Procedures in State Bar Dues Political Activity Disputes

Date: Dec 22, 1995
Affirmation of Section 1983 Rights Over Arbitration Procedures in State Bar Dues Political Activity Disputes Introduction The case of Raymond L. Brosterhous et al. v. The State Bar of California et...
Mandatory Jury Instructions on Lesser Included Offenses: Insights from People v. Howard Barton

Mandatory Jury Instructions on Lesser Included Offenses: Insights from People v. Howard Barton

Date: Dec 19, 1995
Mandatory Jury Instructions on Lesser Included Offenses: Insights from People v. Howard Barton Introduction People v. Howard Barton, 12 Cal.4th 186 (1995), adjudicated by the Supreme Court of...
Legislative Amendments to Initiatives Must Further their Purposes: Invalidating Proposition 103's Surety Insurance Exemption

Legislative Amendments to Initiatives Must Further their Purposes: Invalidating Proposition 103's Surety Insurance Exemption

Date: Dec 15, 1995
Legislative Amendments to Initiatives Must Further their Purposes: Invalidating Proposition 103's Surety Insurance Exemption Introduction The landmark case Amwest Surety Insurance Company v. Pete...
Comprehensive Commentary on People v. Sanchez: Rights Waiver, Slow Plea Doctrine, and Shield Law Implications

Comprehensive Commentary on People v. Sanchez: Rights Waiver, Slow Plea Doctrine, and Shield Law Implications

Date: Dec 15, 1995
Comprehensive Commentary on People v. Sanchez: Rights Waiver, Slow Plea Doctrine, and Shield Law Implications Introduction People v. Sanchez, decided by the Supreme Court of California on December...
Vacating Special Circumstances Based on Constitutional Defects in Prior Convictions

Vacating Special Circumstances Based on Constitutional Defects in Prior Convictions

Date: Dec 12, 1995
Vacating Special Circumstances Based on Constitutional Defects in Prior Convictions Introduction Case: The People v. James F. Horton II, 11 Cal.4th 1068 (1995) Court: Supreme Court of California...
Affirming Constitutionality of Penalty-Phase Only Retrials in Capital Cases: Insights from PEOPLE v. DAVENPORT

Affirming Constitutionality of Penalty-Phase Only Retrials in Capital Cases: Insights from PEOPLE v. DAVENPORT

Date: Dec 12, 1995
Affirming Constitutionality of Penalty-Phase Only Retrials in Capital Cases: Insights from PEOPLE v. DAVENPORT Introduction Case Name: People v. John Galen Davenport Court: Supreme Court of...
Supreme Court of California Confirms Non-Applicability of Former Insurance Code Section 11580.2(i) to Underinsured Motorist Claims

Supreme Court of California Confirms Non-Applicability of Former Insurance Code Section 11580.2(i) to Underinsured Motorist Claims

Date: Dec 7, 1995
Supreme Court of California Confirms Non-Applicability of Former Insurance Code Section 11580.2(i) to Underinsured Motorist Claims Introduction In the landmark case of John Quintano v. Mercury...
Sexual Harassment Exceeds Scope of Employment: Indemnification Denied Under the Tort Claims Act

Sexual Harassment Exceeds Scope of Employment: Indemnification Denied Under the Tort Claims Act

Date: Dec 7, 1995
Sexual Harassment Exceeds Scope of Employment: Indemnification Denied Under the Tort Claims Act Introduction In the landmark case of Farmers Insurance Group et al. v. County of Santa Clara et al. (11...
People v. Alfredo Alvarado Padilla: Upholding the Death Penalty in Conspiracy with Financial Gain Special Circumstance

People v. Alfredo Alvarado Padilla: Upholding the Death Penalty in Conspiracy with Financial Gain Special Circumstance

Date: Dec 5, 1995
People v. Alfredo Alvarado Padilla: Upholding the Death Penalty in Conspiracy with Financial Gain Special Circumstance Introduction In the landmark case of People v. Alfredo Alvarado Padilla, the...
Judicial Reformation Boundaries in Campaign Finance Laws: Insights from Kopp v. Fair Political Practices Commission

Judicial Reformation Boundaries in Campaign Finance Laws: Insights from Kopp v. Fair Political Practices Commission

Date: Dec 1, 1995
Judicial Reformation Boundaries in Campaign Finance Laws: Insights from Kopp v. Fair Political Practices Commission Introduction The landmark case Kopp et al. v. Fair Political Practices Commission...
Affirmation of Death Penalty in PEOPLE v. MEDINA: Upholding Procedural Standards in Capital Cases

Affirmation of Death Penalty in PEOPLE v. MEDINA: Upholding Procedural Standards in Capital Cases

Date: Dec 1, 1995
Affirmation of Death Penalty in PEOPLE v. MEDINA: Upholding Procedural Standards in Capital Cases Introduction PEOPLE v. MEDINA, 11 Cal.4th 694 (1995), is a landmark decision by the Supreme Court of...
Affirmation of Death Sentence and Upholding Procedural Standards in PEOPLE v. MEMRO

Affirmation of Death Sentence and Upholding Procedural Standards in PEOPLE v. MEMRO

Date: Dec 1, 1995
Affirmation of Death Sentence and Upholding Procedural Standards in PEOPLE v. MEMRO Introduction In the landmark case of The People v. Harold Ray Memro, 11 Cal.4th 786 (1995), the Supreme Court of...
Establishing 'Actual Injury' as a Factual Determination in Legal Malpractice - Adams v. Paul (1995)

Establishing 'Actual Injury' as a Factual Determination in Legal Malpractice - Adams v. Paul (1995)

Date: Nov 23, 1995
Establishing 'Actual Injury' as a Factual Determination in Legal Malpractice Katherine Adams v. Aaron Paul, 11 Cal.4th 583 (1995) Introduction The case of Katherine Adams v. Aaron Paul addresses a...
Clarifying 'Reckless Indifference to Human Life' in Felony-Murder Special Circumstances: An Analysis of THE PEOPLE v. CONRAD ESTRADA

Clarifying 'Reckless Indifference to Human Life' in Felony-Murder Special Circumstances: An Analysis of THE PEOPLE v. CONRAD ESTRADA

Date: Nov 21, 1995
Clarifying 'Reckless Indifference to Human Life' in Felony-Murder Special Circumstances: An Analysis of THE PEOPLE v. CONRAD ESTRADA Introduction In the seminal case of THE PEOPLE v. CONRAD ESTRADA...
Affirmation of Death Sentence with Partial Vacatur of Multiple-Murder Special Circumstances: People v. Ricardo Rene Sanders

Affirmation of Death Sentence with Partial Vacatur of Multiple-Murder Special Circumstances: People v. Ricardo Rene Sanders

Date: Nov 21, 1995
Affirmation of Death Sentence with Partial Vacatur of Multiple-Murder Special Circumstances: People v. Ricardo Rene Sanders Introduction People v. Ricardo Rene Sanders was adjudicated by the Supreme...
California Supreme Court Validates Implied-In-Fact Contracts Protecting Employees from Wrongful Demotion

California Supreme Court Validates Implied-In-Fact Contracts Protecting Employees from Wrongful Demotion

Date: Nov 14, 1995
California Supreme Court Validates Implied-In-Fact Contracts Protecting Employees from Wrongful Demotion Introduction In the landmark case C. Byron Scott et al. v. Pacific Gas and Electric Company,...
Materiality in Perjury Trials Decided by Juries: An In-Depth Analysis of People v. Kobrins

Materiality in Perjury Trials Decided by Juries: An In-Depth Analysis of People v. Kobrins

Date: Nov 3, 1995
Materiality in Perjury Trials Decided by Juries: An In-Depth Analysis of People v. Kobrins Introduction People v. Nathan Paul Kobrins is a landmark decision by the Supreme Court of California,...
Reaffirming the Expansive Interpretation of Penal Code Section 288 in People v. Martinez

Reaffirming the Expansive Interpretation of Penal Code Section 288 in People v. Martinez

Date: Nov 3, 1995
Reaffirming the Expansive Interpretation of Penal Code Section 288 in People v. Martinez Introduction In the landmark case of The People v. Pablo Cruz Martinez (11 Cal.4th 434, 1995), the Supreme...
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