Supreme Court of California - July 2008 Opinion Summaries

Miklosy v. Regents of the Univ. of California

Administrative Law, Education Law, Government Law, Injury & Tort Law, Labor & Employment Law
The California Whistleblower Protection Act precludes a damages action against the University of California when the University of California has...

People v. Wilson

Criminal Law & Procedure, Evidence, Sentencing
In an automatic appeal in a death penalty case, the conviction is affirmed but the penalty judgment is reversed based on the erroneous excusal, during...

People v. Loker

Criminal Law & Procedure, Evidence, Sentencing
In a death penalty case, the judgment and sentence are affirmed over claims of error regarding: 1) admission of photographic evidence; 2)...

People v. Allen

Constitutional Law, Criminal Law & Procedure, Sentencing
A defendant in a sexually violent predator proceeding has a state and federal constitutional right to testify despite counsel's decision that he or...

People v. Cruz

Criminal Law & Procedure, Evidence, Sentencing
Defendant's conviction and sentence in a death penalty case is affirmed over claims of error regarding: 1) Batson/Wheeler violation; 2) whether he was...

People v. Lenix

Criminal Law & Procedure, Evidence
In the context of Batson claims, evidence of comparative juror analysis must be considered in the trial court and even for the first time on appeal if...

People v. Evans

Criminal Law & Procedure, Sentencing
California law gives a criminal defendant the right to make a personal statement in mitigation of punishment but only while under oath and subject to...

Simmons v. Ghaderi

Civil Procedure, Contracts, Dispute Resolution & Arbitration, Evidence, Health Law, Injury & Tort Law, Professional Malpractice
In a breach of contract action arising from a medical malpractice suit, wherein plaintiffs sought to enforce an oral settlement agreement allegedly...

Crawford v. Weather Shield Mfg. Inc.

Construction, Contracts, Injury & Tort Law, Insurance Law, Product Liability
In a case involving the contractual duty to defend in a noninsurance context, judgment and rulings against defendant-subcontractor is affirmed where,...