| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A087149, A088030 and A088200
|
People v. Gallardo
Postjudgment order not appealable when appeal actually seeks habeas corpus relief. |
Criminal Law and Procedure |
|
Mar. 31, 2000 | |
|
B133778
|
Rashad H. , a Minor
Parental termination rights may be reversed when parent doesn't receive proper notice of hearing and parties agree to reversal. |
Juveniles |
|
Mar. 31, 2000 | |
|
B129371
|
People v. Diaz
Kidnapping charge is supported by evidence where defendant attacks victim near lighted street and drags her to dark area behind building. |
Criminal Law and Procedure |
|
Mar. 31, 2000 | |
|
D030096
|
People v. Hall
Inmate's confession is not involuntary where prison guards' misconduct that motivates confession is not carried out with intent to extract confession. |
Criminal Law and Procedure |
|
Mar. 31, 2000 | |
|
F033586
|
Axsana S., a Minor
In dependency cases, personal appearance by party isn't essential; attorney's appearance is sufficient. |
Juveniles |
|
Mar. 31, 2000 | |
|
F033413
|
Phillip F., a Minor
When parent is properly notified of first hearing and fails to appear, parent's second notice need only comply with due process. |
Juveniles |
|
Mar. 31, 2000 | |
|
S078119
|
Rosales v. Depuy Ace Medical Company
Using broad definition of 'power press', injuries from such machines aren't limited to workers' compensation recovery. |
Workers' Compensation |
|
Mar. 30, 2000 | |
|
97-56182
|
Kleve v. Hill
Order |
|
Mar. 30, 2000 | ||
|
98-16437
|
Santa Maria v. Pacific Bell
When employee should've known of possible disability discrimination claim, equitable tolling won't excuse untimely filing of Equal Employment Opportunity Commission charge. |
Employment Law |
|
Mar. 30, 2000 | |
|
98-17220 and 98-17297
|
United States v. Estate Preservation Services
Promoter of abusive tax shelter advice is liable even when customers do not use the misinformation to violate the law. |
Probate and Trusts |
|
Mar. 30, 2000 | |
|
98-50238 and 98-50239
|
U.S. v. Anderson
Failure to give jury instruction on involuntary manslaughter, when evidence is consistent with defense claim of accidental killing, is reversible error. |
Criminal Law and Procedure |
|
Mar. 30, 2000 | |
|
96-36041
|
State of Alaska v. United States
In dispute between federal government and Alaska, title to riverbeds lie with state if river is navigable at statehood. |
Government |
|
Mar. 30, 2000 | |
|
98-71004
|
Taylor v. 363 Director, Office of Workers Compensation Programs
Employer can't offset dead employee's death benefit liability against third party settlement entered into by employee's surviving spouse. |
Workers' Compensation |
|
Mar. 30, 2000 | |
|
98-35919
|
Lajoie v. Thompson
Sixth Amendment right to confrontation and compulsory process is violated when evidence of minor victim's prior sexual abuse by others is disallowed. |
Criminal Law and Procedure |
|
Mar. 30, 2000 | |
|
99-50060
|
U.S. v. Ramirez-Valencia
Government isn't estopped from prosecuting deported alien for reentering country where alien reentered country on reliance of INS misrepresentation. |
Immigration |
|
Mar. 30, 2000 | |
|
98-55358
|
Nova Designs Inc. v. Scuba Retailers Assn.
Short-lived agreement requiring exchange of confidential customer information in return for free advertising isn't per se violation of Sherman Act. |
Antitrust |
|
Mar. 30, 2000 | |
|
98-10521
|
U.S. v. Pace
Neither certification for interlocutory appeal, collateral order doctrine, nor McCarran-Ferguson Act provide jurisdiction for review of order denying dismissal motion. |
Criminal Law and Procedure |
|
Mar. 30, 2000 | |
|
99-30226
|
U.S. v. Trenter
District courts have authority to reinstate full term of supervised release where parolee has violated conditions of release. |
Criminal Law and Procedure |
|
Mar. 30, 2000 | |
|
99-10054
|
U.S. v. King
Defendant is not entitled to reduction in sentence where he completed all steps he believed necessary to commit bank fraud. |
Banking |
|
Mar. 30, 2000 | |
|
97-55382
|
Hill v. Blind Industries and Services of Maryland
Federal litigant cannot wait until opening day of trial to assert immunity under Eleventh Amendment. |
Civil Procedure |
|
Mar. 30, 2000 | |
|
S073196
|
Scheiding et al. v. General Motors Corporation
Federal Locomotive Boiler Inspection Act pre-empts state claims concerning exposure to asbestos in locomotives. The C.A. 1st has ruled that the federal Locomotive Boiler Inspection Act (BIA) pre-empted state tort action |
Torts |
|
Mar. 30, 2000 | |
|
S085449
|
People v. Davis
Defendant properly sentenced to three concurrent terms of 25 years to life under three strikes legislation based on two prior convictions of rape in consort. |
Criminal Law and Procedure |
|
Mar. 30, 2000 | |
|
S075153
|
People v. Gonzales
Order |
|
Mar. 30, 2000 | ||
|
S071633
|
Norgart v. Upjohn Company
Review granted |
|
Mar. 30, 2000 | ||
|
96-16669
|
Barnett v. U.S. Air Inc.
Order |
|
Mar. 30, 2000 | ||
|
98-50609
|
U.S. v. Hayes
Order |
|
Mar. 30, 2000 | ||
|
98-30324
|
U.S. v. Wieschedel
In crime involving vulnerable victim, defendant's sentence may be adjusted upwards based on surrounding circumstances of crime and special characteristics of victim. |
Criminal Law and Procedure |
|
Mar. 30, 2000 | |
|
99-10242
|
U.S. v. Cabrera
Prosecutor's question during trial regarding accused's prior contact with law enforcement does not amount to reversible misconduct. |
Criminal Law and Procedure |
|
Mar. 30, 2000 | |
|
98-16720, 97-03797 and 98-00832
|
Wade v. Terhune
When challenging discriminatory preemptory challenges, defendant must show 'inference' of racial bias rather than 'strong likelihood' to establish discrimination. |
Criminal Law and Procedure |
|
Mar. 30, 2000 | |
|
98-16843
|
Franklin v. Terr
Under federal law, witness is not liable for civil damages for conspiring to present perjured testimony at trial. |
Civil Procedure |
|
Mar. 30, 2000 |