California Case Commentaries

Limits on Exclusion of Third-Party Witness Testimony on Due Process Grounds and Confirmation of Marital Communication Privilege Requirements – People v. Badgett

Date: Jun 9, 1995

Limits on Exclusion of Third-Party Witness Testimony on Due Process Grounds and Confirmation of Marital Communication Privilege Requirements – People v. Badgett Introduction In the landmark case of...

Clarifying Judicial Standards for Sentencing Enhancements: People v. Wims

Date: Jun 6, 1995

Clarifying Judicial Standards for Sentencing Enhancements: People v. Wims Introduction People v. Clifton C. Wims et al. is a landmark decision by the Supreme Court of California, rendered on June 5,...

UIPA Does Not Supersede Cartwright Act and Unfair Competition Act in Regulating Insurance Industry Practices

Date: Jun 2, 1995

UIPA Does Not Supersede Cartwright Act and Unfair Competition Act in Regulating Insurance Industry Practices Introduction The case of Manufacturers Life Insurance Company et al. v. Superior Court of...

Clarifying the Application of Habitual Offender Statute (Penal Code 667.7) to Murder Convictions

Date: May 19, 1995

Clarifying the Application of Habitual Offender Statute (Penal Code 667.7) to Murder Convictions Introduction The Supreme Court of California's decision in The People v. Robert Earl Jenkins, 10...

Ingestion of Illegal Drugs Does Not Negate Possession: Insights from THE PEOPLE v. PALASCHAK

Date: May 9, 1995

Ingestion of Illegal Drugs Does Not Negate Possession: Insights from THE PEOPLE v. PALASCHAK Introduction THE PEOPLE, Plaintiff and Respondent, v. DOUGLAS ANDREW PALASCHAK is a landmark case...

Supreme Court Affirms Exclusive Extraordinary Writ Review for Public Records Act Disclosures

Date: May 9, 1995

Supreme Court Affirms Exclusive Extraordinary Writ Review for Public Records Act Disclosures Introduction The case of Donna R. Powers et al. v. City of Richmond addressed a critical issue regarding...

Reaffirmation of Strickland Standards in Capital Cases: An Analysis of In re Craig Anthony Ross

Date: May 9, 1995

Reaffirmation of Strickland Standards in Capital Cases: An Analysis of In re Craig Anthony Ross Introduction In the landmark case of In re CRAIG ANTHONY ROSS on Habeas Corpus (10 Cal.4th 184),...

Attorney-Client Privilege in Post-Refusal Communications: Insights from The People v. Thomas Gionis

Date: May 5, 1995

Attorney-Client Privilege in Post-Refusal Communications: Insights from The People v. Thomas Gionis Introduction The People v. Thomas Gionis (9 Cal.4th 1196, 1995) is a landmark decision by the...

Reaffirmation of Strict Causation for Presentence Credit in Multiple Restraint Situations: People v. Bruner

Date: May 5, 1995

Reaffirmation of Strict Causation for Presentence Credit in Multiple Restraint Situations: People v. Bruner Introduction People v. Bruner, 9 Cal.4th 1178 (1995), is a seminal case in California law...

Establishing Intent Requirements for First-Degree Felony Murder: People v. Tracy Cain

Date: May 5, 1995

Establishing Intent Requirements for First-Degree Felony Murder: People v. Tracy Cain Introduction The case of The People v. Tracy Dearl Cain (10 Cal.4th 1, 1995) revolved around the conviction of...

Enhancing Public Safety through Reasonable Conditions on Own Recognizance Releases

Date: Apr 28, 1995

Enhancing Public Safety through Reasonable Conditions on Own Recognizance Releases Introduction The Supreme Court of California, in the landmark decision In re DAVID ANTHONY YORK et al. on Habeas...

Preserving Public Accessibility: California's Supreme Court Validates Santa Ana's Anti-Camping Ordinance

Date: Apr 25, 1995

Preserving Public Accessibility: California's Supreme Court Validates Santa Ana's Anti-Camping Ordinance Introduction In the landmark case of ARCHIE TOBE et al., Plaintiffs and Appellants, v. CITY OF...

People v. Beeler: Juror Impairment and Capital Sentencing Procedures in California

Date: Apr 11, 1995

People v. Beeler: Juror Impairment and Capital Sentencing Procedures in California Introduction People v. Rodney Gene Beeler is a pivotal 1995 decision by the Supreme Court of California that delves...

Supreme Court of California Establishes Clear Entitlement to Attorney Fees Under Civil Code Section 1717

Date: Apr 7, 1995

Supreme Court of California Establishes Clear Entitlement to Attorney Fees Under Civil Code Section 1717 Introduction In the landmark case Chia-Lee Hsu et al. v. Maher J. Abbara et al., decided on...

Affirmation of Death Sentences in People v. Champion and Ross: Striking Duplicative Special Circumstances

Date: Apr 7, 1995

Affirmation of Death Sentences in People v. Champion and Ross: Striking Duplicative Special Circumstances Introduction The landmark case, The People v. Steven Allen Champion and Craig Anthony Ross (9...

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

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

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

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

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...