California Case Commentaries

Establishing the Cumulative Impact of Ineffective Assistance of Counsel in Capital Cases: In re CARLOS JAMIE AVENA

Date: Feb 6, 1996

Establishing the Cumulative Impact of Ineffective Assistance of Counsel in Capital Cases: In re CARLOS JAMIE AVENA Introduction In the landmark case of In re CARLOS JAMIE AVENA on Habeas Corpus, the...

Intent to Kill Required for Conspiracy to Commit Murder: People v. Swain et al., 12 Cal.4th 593

Date: Jan 30, 1996

Intent to Kill Required for Conspiracy to Commit Murder: People v. Swain et al., 12 Cal.4th 593 Introduction People v. Swain et al. is a landmark decision by the Supreme Court of California rendered...

Affirmation of Promissory Fraud Claims in Employment Inducement: Clarifying the Path to Tort Action

Date: Jan 30, 1996

Affirmation of Promissory Fraud Claims in Employment Inducement: Clarifying the Path to Tort Action Introduction The Supreme Court of California's decision in Andrew Lazar v. The Superior Court of...

Binding Nature of Pre-Recorded Subdivision Covenants Clarified in Citizens v. Anderson

Date: Dec 30, 1995

Binding Nature of Pre-Recorded Subdivision Covenants Clarified in Citizens for Covenant Compliance v. Anderson Introduction Citizens for Covenant Compliance et al. v. Jared A. Anderson et al. is a...

Affirmation of Death Penalty in People v. Lucas: Upholding Procedural Standards and Evidentiary Rules

Date: Dec 30, 1995

Affirmation of Death Penalty in People v. Lucas: Upholding Procedural Standards and Evidentiary Rules Introduction People v. Lucas is a landmark decision delivered by the Supreme Court of California...

Appointment of Counsel for Respondent Parents in Custody Termination Appeals: In re Bryce C. Interprets Family Code §7895

Date: Dec 27, 1995

Appointment of Counsel for Respondent Parents in Custody Termination Appeals: In re Bryce C. Interprets Family Code §7895 Introduction In the landmark case In re BRYCE C., a Minor.VERNON S.,...

Defining the Limits of Respondeat Superior: Hospital's Non-liability for Employee's Sexual Misconduct

Date: Dec 27, 1995

Defining the Limits of Respondeat Superior: Hospital's Non-liability for Employee's Sexual Misconduct Introduction In the landmark case of LISA M. v. HENRY MAYO NEWHALL MEMORIAL HOSPITAL (12 Cal.4th...

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

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

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

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

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

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

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

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

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...

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California Case Commentaries

Establishing the Cumulative Impact of Ineffective Assistance of Counsel in Capital Cases: In re CARLOS JAMIE AVENA

Intent to Kill Required for Conspiracy to Commit Murder: People v. Swain et al., 12 Cal.4th 593

Affirmation of Promissory Fraud Claims in Employment Inducement: Clarifying the Path to Tort Action

Binding Nature of Pre-Recorded Subdivision Covenants Clarified in Citizens v. Anderson

Affirmation of Death Penalty in People v. Lucas: Upholding Procedural Standards and Evidentiary Rules

Appointment of Counsel for Respondent Parents in Custody Termination Appeals: In re Bryce C. Interprets Family Code §7895

Defining the Limits of Respondeat Superior: Hospital's Non-liability for Employee's Sexual Misconduct

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

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

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

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

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

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

Vacating Special Circumstances Based on Constitutional Defects in Prior Convictions

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

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

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

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

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

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