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Name Category Published
People v. Gallardo
Postjudgment order not appealable when appeal actually seeks habeas corpus relief.
Criminal Law and Procedure Mar. 31, 2000
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
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
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
Axsana S., a Minor
In dependency cases, personal appearance by party isn't essential; attorney's appearance is sufficient.
Juveniles Mar. 31, 2000
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
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
Kleve v. Hill
Order
Mar. 30, 2000
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
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
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
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
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
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
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
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
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
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
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
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
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
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
People v. Gonzales
Order
Mar. 30, 2000
Norgart v. Upjohn Company
Review granted
Mar. 30, 2000
Barnett v. U.S. Air Inc.
Order
Mar. 30, 2000
U.S. v. Hayes
Order
Mar. 30, 2000
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
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
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
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