California Case Commentaries

Limits on Verdict Modification Under Penal Code §1181 Subdiv. 6: People v. Lagunas

Date: Dec 13, 1994

Limits on Verdict Modification Under Penal Code §1181 Subdiv. 6: People v. Lagunas Introduction In the landmark case of The People v. Frank Joe Lagunas, decided by the Supreme Court of California on...

Exclusionary Rule Not Applied in LPS Act Conservatorship Proceedings: Conser v. Torship of the Person

Date: Dec 9, 1994

Exclusionary Rule Not Applied in LPS Act Conservatorship Proceedings: Conser v. Torship of the Person Introduction In the landmark case Conser v. Torship of the Person and Estate of Susan T.,...

Unified Approach to Negligence: Supreme Court of California Reaffirms Single Standard in Ordinary and Professional Negligence Cases

Date: Dec 6, 1994

Unified Approach to Negligence: Supreme Court of California Reaffirms Single Standard in Ordinary and Professional Negligence Cases Introduction The case of Darlene Flowers v. Torrance Memorial...

Rodrigues v. The People: Upholding the Death Penalty in the Context of Multiple Aggravating Factors

Date: Dec 2, 1994

Rodrigues v. The People: Upholding the Death Penalty in the Context of Multiple Aggravating Factors Introduction Rodrigues v. The People is a landmark decision by the Supreme Court of California...

Authority of Counsel to Waive Jury Trial Over Defendant's Objection in Competency Proceedings: Analysis of People v. Masterson

Date: Dec 2, 1994

Authority of Counsel to Waive Jury Trial Over Defendant's Objection in Competency Proceedings: Analysis of People v. Masterson Introduction People v. Michael Todd Masterson (8 Cal.4th 965, Supreme...

Setting Aside Default Judgments Due to Clerical Errors and Misleading Legal Advice: Analysis of Rappleyea v. Campbell

Date: Dec 2, 1994

Setting aside Default Judgments Due to Clerical Errors and Misleading Legal Advice: Analysis of Rappleyea v. Campbell Introduction In the landmark case of Rappleyea v. Campbell (1994) 8 Cal.4th 975,...

Santamaria v. People: California Supreme Court Limits Collateral Estoppel in Double Jeopardy Cases

Date: Nov 29, 1994

Santamaria v. People: California Supreme Court Limits Collateral Estoppel in Double Jeopardy Cases Introduction Santamaria v. People, 8 Cal.4th 903 (1994), is a landmark decision by the Supreme Court...

Debt Restructuring Exempt from Usury Law: Ghirardo v. Antonioli

Date: Nov 29, 1994

Debt Restructuring Exempt from Usury Law: Ghirardo v. Antonioli Introduction The Ghirardo v. Antonioli case, adjudicated by the Supreme Court of California on November 28, 1994, addresses the...

Reformulation of the Fresh-Complaint Doctrine in Admissibility of Extrajudicial Statements: PEOPLE v. BROWN

Date: Nov 18, 1994

Reformulation of the Fresh-Complaint Doctrine in Admissibility of Extrajudicial Statements: PEOPLE v. BROWN Introduction People v. Ricky Lee Brown, 8 Cal.4th 746 (1994), adjudicated by the Supreme...

Procedure Requirements for Habeas Corpus Relief Established in Romero v. The People

Date: Nov 11, 1994

Procedure Requirements for Habeas Corpus Relief Established in Romero v. The People Introduction Romero v. The People (1994) is a pivotal judgment by the Supreme Court of California that addresses...

College Hospital, Inc. v. Superior Court: Establishing Standards for Punitive Damages in Healthcare Litigation

Date: Nov 1, 1994

College Hospital, Inc. v. Superior Court: Establishing Standards for Punitive Damages in Healthcare Litigation Introduction In College Hospital, Inc. v. Superior Court of Orange County, 8 Cal.4th 704...

Reaffirmation of Bertero Rule in Malicious Prosecution: Crowley v. Katleman et al.

Date: Nov 1, 1994

Reaffirmation of Bertero Rule in Malicious Prosecution: Crowley v. Katleman et al. Introduction In the Supreme Court of California case Arthur J. Crowley v. Carole Katleman et al. (8 Cal.4th 666,...

California Supreme Court Upholds Kelly/Frye Standard for Admitting HGN Test Evidence in DUI Cases

Date: Oct 28, 1994

California Supreme Court Upholds Kelly/Frye Standard for Admitting HGN Test Evidence in DUI Cases Introduction In the landmark case of THE PEOPLE v. WILLIAM MICHAEL LEAHY, decided on October 27,...

Enhancing Product Liability Standards: The Soule v. General Motors Decision

Date: Oct 28, 1994

Enhancing Product Liability Standards: The Soule v. General Motors Decision Introduction In the landmark case of Soule v. General Motors Corporation, adjudicated by the Supreme Court of California on...

Clarification on Reasonable Doubt Instructions Affirmed in People v. Freeman

Date: Oct 25, 1994

Clarification on Reasonable Doubt Instructions Affirmed in People v. Freeman Introduction The People v. Fred Harlan Freeman is a landmark case adjudicated by the Supreme Court of California on...

Establishing Child's Best Interests: Termination of Parental Rights in Foster Care - In re Jasmon O.

Date: Sep 3, 1994

Establishing Child's Best Interests: Termination of Parental Rights in Foster Care - In re Jasmon O. Introduction In re Jasmon O. is a landmark judgment by the Supreme Court of California, dated...

California Supreme Court Establishes Strict Criteria for Presidential Proclamations to Entitle Community College Employees to Paid Holidays

Date: Sep 3, 1994

California Supreme Court Establishes Strict Criteria for Presidential Proclamations to Entitle Community College Employees to Paid Holidays Introduction In the landmark case of California School...

Establishing Reasonableness in Condominium Use Restrictions: Insights from Nahrstedt v. Lakeside Village

Date: Sep 3, 1994

Establishing Reasonableness in Condominium Use Restrictions: Insights from Nahrstedt v. Lakeside Village Introduction Natore A. Nahrstedt v. Lakeside Village Condominium Association, Inc. (8 Cal.4th...

Proposition 103 and Insurance Rate Regulation: A Comprehensive Analysis of 20th Century Insurance Co. v. Garamendi

Date: Aug 19, 1994

Proposition 103 and Insurance Rate Regulation: A Comprehensive Analysis of 20th Century Insurance Co. v. Garamendi Introduction The case of 20th Century Insurance Company et al. v. Garamendi was...

Affirmation of Proper Application of Peremptory Challenges and Non-Discrimination in Jury Selection: PEOPLE v. TURNER

Date: Aug 16, 1994

Affirmation of Proper Application of Peremptory Challenges and Non-Discrimination in Jury Selection: PEOPLE v. TURNER, 8 Cal.4th 137 (1994) Introduction In the landmark case of PEOPLE v. TURNER, the...