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Name Category Published
Kuns v. City of Ukiah
Whether premature cutting off of family's electrical power caused fire is question of fact for jury. 		Government Jun. 1, 2000
Hatch v. Superior Court (People)
Prosecution need not establish that victims are under 14 in prosecution for attempted lewd act on minor under 14. 		Criminal Law and Procedure Jun. 1, 2000
Nevius v. McDaniel
Order 		May 31, 2000
Sandahl v. Beverly Enterprises, Inc.
In civil suit alleging elder abuse, nursing home that fails to challenge jury instructions at trial waives issue on appeal. 		Torts May 31, 2000
United States v. Johnson
Order 		May 30, 2000
Rea v. United States
Order 		May 30, 2000
Boon v. Rivera
Those present at scene of emergency owe duty to not misstate material facts concerning nature of emergency to public safety officials present. 		Torts May 26, 2000
People v. Rells
Penal Code Section 1372 establishes presumption that defendant is mentally competent and burden is on him to prove otherwise. 		Criminal Law and Procedure May 25, 2000
Canal Street, Ltd., et al.
Order 		May 25, 2000
Saunders v. U-Haul Co. of California Inc.
Order 		May 25, 2000
Buelna on Habeas Corpus
Order 		May 25, 2000
Stocker v. Travelers Casualty and Surety Co.
Order 		May 25, 2000
Anesthesia Care Assoc. Medical Group Inc. v. Blue Cross of California
Order 		May 25, 2000
Viad Corporation v. Superior Court (McGrath)
Review granted 		May 24, 2000
Dunleavy v. Nadler
In class action, proposed settlement filed before Private Securities Litigation Reform Act's effective date may be reviewed under methodology mandated by statute. 		Securities May 24, 2000
State v. Preston
Requiring establishment of entrapment defense by clear and convincing evidence is constitutional, but presumption of innocence may not be taken away. 		Constitutional Law May 24, 2000
Matter of Sather
Attorney cannot treat advance fees as own property, but must place them in trust account until earned. 		Attorneys May 24, 2000
Matter of Wimmershoff
Public censure and restitution is appropriate sanction for charging client unreasonable fee and violating contingent-fee rules. 		Attorneys May 24, 2000
U.S. v. Cherry
Accused who caused witness's unavailability is deemed to have waived confrontation and hearsay objections. 		Criminal Law and Procedure May 24, 2000
Van Woudenberg v. Gibson
Procedural due process claim is rejected when no evidence establishes doubt about accused's competence to stand trial. 		Criminal Law and Procedure May 24, 2000
U.S. v. Marquez-Gallegos
Accused is ineligible for downward departure when sentence for previous conviction exceeds one year. 		Criminal Law and Procedure May 24, 2000
Tosco Corp. v. Koch Industries Inc.
CERCLA liability may be inferred from circumstantial evidence. 		Environmental Law May 24, 2000
Mayes v. Gibson
Defendant is entitled to evidentiary hearing on issue of ineffective assistance of counsel if his allegations are consistent with habeas relief. 		Criminal Law and Procedure May 24, 2000
Vanderhurst v. Colorado Mountain College Dist.
Party who fails to adequately raise issues in trial court waives appellate review of those issues. 		Employment Law May 24, 2000
McFarland v. Childers
Oklahoma State Bureau of Investigation agent is entitled to qualified immunnity from Fourth Amendment violations. 		Government May 24, 2000
State v. Martinez
Court does not commute death sentence of convicted cop killer in automatic appeal. 		Criminal Law and Procedure May 24, 2000
Panzino v. City of Phoenix
Rule 60(c)(6) is not available for relief from a judgment when attorney is guilty of inexcusable neglect. 		Civil Procedure May 24, 2000
Willmar Electric Service v. Cooke
ERISA does not pre-empt apprenticeship training standards. 		Employment Law May 24, 2000
Gore v. Apfel
Order 		Administrative Agencies May 24, 2000
Spraggs v. Sun Oil Co.
Order 		Employment Law May 24, 2000
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