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  • Commentaries
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California Case Commentaries

California Supreme Court Upholds Constitutional Application of Education Code §39807.5

California Supreme Court Upholds Constitutional Application of Education Code §39807.5

Date: Mar 21, 1995
California Supreme Court Upholds Constitutional Application of Education Code §39807.5 Introduction The case of Francisco Salazar et al. v. Delaine Eastin et al., decided by the Supreme Court of...
Custodial Interrogation Standards Under Miranda: Insights from PEOPLE v. STANSBURY

Custodial Interrogation Standards Under Miranda: Insights from PEOPLE v. STANSBURY

Date: Mar 10, 1995
Custodial Interrogation Standards Under Miranda: Insights from PEOPLE v. STANSBURY Introduction PEOPLE v. STANSBURY (1995) is a landmark decision by the Supreme Court of California that reaffirmed...
Setoff Rights of Landlords under Civil Code §1950.5: GRANBERRY v. ISLAY INVESTMENTS

Setoff Rights of Landlords under Civil Code §1950.5: GRANBERRY v. ISLAY INVESTMENTS

Date: Mar 7, 1995
Setoff Rights of Landlords under Civil Code §1950.5: GRANBERRY v. ISLAY INVESTMENTS Introduction GRANBERRY v. ISLAY INVESTMENTS is a landmark case adjudicated by the Supreme Court of California on...
Affirming Initiative Power in Amending County General Plans: DeVita v. County of Napa

Affirming Initiative Power in Amending County General Plans: DeVita v. County of Napa

Date: Mar 7, 1995
Affirming Initiative Power in Amending County General Plans: DeVita v. County of Napa Introduction RICHARD M. DeVITA et al., Plaintiffs and Appellants, v. COUNTY OF NAPA et al., Defendants and...
Establishing the Substantial Likelihood Test for Prejudice in Juror Misconduct: In re David Joseph Carpenter

Establishing the Substantial Likelihood Test for Prejudice in Juror Misconduct: In re David Joseph Carpenter

Date: Mar 7, 1995
Establishing the Substantial Likelihood Test for Prejudice in Juror Misconduct: In re David Joseph Carpenter Introduction In re David Joseph Carpenter on Habeas Corpus is a landmark case decided by...
International Engine Parts, Inc. v. Feddersen and Company: Defining Actual Injury in Accountant Malpractice under California’s Statute of Limitations

International Engine Parts, Inc. v. Feddersen and Company: Defining Actual Injury in Accountant Malpractice under California’s Statute of Limitations

Date: Mar 3, 1995
International Engine Parts, Inc. v. Feddersen and Company: Defining Actual Injury in Accountant Malpractice under California’s Statute of Limitations Introduction International Engine Parts, Inc., et...
Sentencing Enhancements Under Penal Code Section 667(a)(1): The People v. Romero Wiley

Sentencing Enhancements Under Penal Code Section 667(a)(1): The People v. Romero Wiley

Date: Mar 3, 1995
Sentencing Enhancements Under Penal Code Section 667(a)(1): The People v. Romero Wiley Introduction The People v. Romero Wiley is a landmark decision by the Supreme Court of California that addresses...
Substantial Evidence Standard in CEQA Mandamus Actions: Western States Petroleum Association v. Superior Court of Los Angeles County

Substantial Evidence Standard in CEQA Mandamus Actions: Western States Petroleum Association v. Superior Court of Los Angeles County

Date: Feb 17, 1995
Substantial Evidence Standard in CEQA Mandamus Actions: Western States Petroleum Association v. Superior Court of Los Angeles County Introduction Western States Petroleum Association v. Superior...
Clarifying Materiality in Prosecution’s Duty to Disclose: Aligning California Law with Federal Standards

Clarifying Materiality in Prosecution’s Duty to Disclose: Aligning California Law with Federal Standards

Date: Feb 3, 1995
Clarifying Materiality in Prosecution’s Duty to Disclose: Aligning California Law with Federal Standards Introduction The case of In re Harry M. Sassounian on Habeas Corpus (9 Cal.4th 535)...
Mens Rea in Corporate Securities Offenses: Comprehensive Analysis of People v. Simon

Mens Rea in Corporate Securities Offenses: Comprehensive Analysis of People v. Simon

Date: Jan 24, 1995
Mens Rea in Corporate Securities Offenses: Comprehensive Analysis of People v. Simon Introduction People v. John Martin Simon is a landmark case decided by the Supreme Court of California on January...
Prohibition of General Denials in Returns to Habeas Corpus Petitions: In re Roy Clifford Duvall

Prohibition of General Denials in Returns to Habeas Corpus Petitions: In re Roy Clifford Duvall

Date: Jan 20, 1995
Prohibition of General Denials in Returns to Habeas Corpus Petitions: In re Roy Clifford Duvall Introduction The case of The People v. Roy Clifford Duvall (In re Roy Clifford Duvall on Habeas Corpus,...
Clarifying Duty of Care under California Penal Code Section 368(a): Supreme Court of California's Ruling in The People v. Susan Valerie Heitzman

Clarifying Duty of Care under California Penal Code Section 368(a): Supreme Court of California's Ruling in The People v. Susan Valerie Heitzman

Date: Dec 31, 1994
Clarifying Duty of Care under California Penal Code Section 368(a): Supreme Court of California's Ruling in The People v. Susan Valerie Heitzman Introduction The People v. Susan Valerie Heitzman (9...
Reinstating Separate Convictions for Multiple Lewd Acts and Sentencing Waiver Requirements – Scott v. The People

Reinstating Separate Convictions for Multiple Lewd Acts and Sentencing Waiver Requirements – Scott v. The People

Date: Dec 31, 1994
Reinstating Separate Convictions for Multiple Lewd Acts and Sentencing Waiver Requirements – Scott v. The People Introduction Case: The People, Plaintiff and Respondent, v. Clifford Albert Scott,...
Establishing the 'Immediate Presence' Standard and Harmless Error Analysis in Robbery Convictions: Commentary on Harris v. The People

Establishing the 'Immediate Presence' Standard and Harmless Error Analysis in Robbery Convictions: Commentary on Harris v. The People

Date: Dec 31, 1994
Establishing the 'Immediate Presence' Standard and Harmless Error Analysis in Robbery Convictions: Commentary on Harris v. The People Introduction In The People v. William Gonzales Harris, the...
Affirmation of Aiding and Abetting Liability and Admissibility of Gang-Related Evidence in California: People v. Olguin

Affirmation of Aiding and Abetting Liability and Admissibility of Gang-Related Evidence in California: People v. Olguin

Date: Dec 31, 1994
Affirmation of Aiding and Abetting Liability and Admissibility of Gang-Related Evidence in California: People v. Olguin Introduction In the case of The People, Plaintiff and Respondent, v. Cesar...
Advanced Micro Devices, Inc. v. Intel Corporation: Establishing the Rational Relationship Standard for Judicial Review of Arbitrators' Remedies

Advanced Micro Devices, Inc. v. Intel Corporation: Establishing the Rational Relationship Standard for Judicial Review of Arbitrators' Remedies

Date: Dec 31, 1994
Advanced Micro Devices, Inc. v. Intel Corporation: Establishing the Rational Relationship Standard for Judicial Review of Arbitrators' Remedies Introduction The Supreme Court of California, in...
Discharging a Firearm at an Inhabited Dwelling: A New Precedent in Felony-Murder Doctrine

Discharging a Firearm at an Inhabited Dwelling: A New Precedent in Felony-Murder Doctrine

Date: Dec 31, 1994
Discharging a Firearm at an Inhabited Dwelling: A New Precedent in Felony-Murder Doctrine Introduction In the landmark case of The People v. Michael Hansen (9 Cal.4th 300, 1994), the Supreme Court of...
Attorney's Duty of Loyalty Overrules Duty to Advise in Conflict Cases – Flatt v. Superior Court

Attorney's Duty of Loyalty Overrules Duty to Advise in Conflict Cases – Flatt v. Superior Court

Date: Dec 29, 1994
Attorney's Duty of Loyalty Overrules Duty to Advise in Conflict Cases – Flatt v. Superior Court Introduction In GAIL F. FLATT et al. v. THE SUPERIOR COURT OF SONOMA COUNTY, Respondent; WILLIAM...
Exemption of Small Business Stock Gains from Preference Income Tax: Lennane v. Franchise Tax Board

Exemption of Small Business Stock Gains from Preference Income Tax: Lennane v. Franchise Tax Board

Date: Dec 29, 1994
Exemption of Small Business Stock Gains from Preference Income Tax: Lennane v. Franchise Tax Board Introduction Lennane v. Franchise Tax Board is a pivotal decision by the Supreme Court of California...
People v. Souza: Flight as a Key Factor in Establishing Reasonable Suspicion under the Totality of Circumstances

People v. Souza: Flight as a Key Factor in Establishing Reasonable Suspicion under the Totality of Circumstances

Date: Dec 29, 1994
People v. Souza: Flight as a Key Factor in Establishing Reasonable Suspicion under the Totality of Circumstances 1. Introduction People v. Souza is a landmark decision by the Supreme Court of...
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