California Case Commentaries

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...

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...