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Name Category Published
State v. Mach
Psychiatrist with child sexual abuse expertise need not be stricken as juror in trial for sexual acts with minor.
Criminal Law and Procedure Mar. 14, 2000
U.S. v. Colvin
Limitations period for filing habeas petition begins to run when time has passed for appealing district court's entry of amended judgment.
Criminal Law and Procedure Mar. 13, 2000
U.S. v. Newman
Defendant's prison sentence may not be reduced by amount of time spent in drug-treatment facility while on pre-trial release.
Criminal Law and Procedure Mar. 9, 2000
Ashmus v. Woodford
Expedited habeas corpus procedure under Antiterrorism and Death Penalty Act requires state system for appointment, compensation and qualification of death penalty counsel.
Criminal Law and Procedure Mar. 9, 2000
Butler v. Superior Court (People)
Under Sexually Violent Predators Act, petition for recommitment must contain evaluations by two psychologists or psychiatrists.
Criminal Law and Procedure Mar. 8, 2000
Hunt-Wesson Inc. v. Franchise Tax Board of California
California's interest deduction offset provision taxes income in violation of federal Constitution.
Taxation Mar. 6, 2000
Rotella v. Wood
'Injury and pattern discovery rule' doesn't govern start of limitations period for civil RICO claims.
Torts Mar. 6, 2000
Rice v. Cayetano
State law that specifically grants vote only to persons of defined ancestry violates Fifteenth Amendment.
Constitutional Law Mar. 6, 2000
Roe v. Flores-Ortega
Counsel must consult defendant about appeal if either a rational defendant would want to appeal, or defendant shows interest in appealing.
Criminal Law and Procedure Mar. 6, 2000
Village of Willowbrook v. Olech
Equal protection claims can be brought on behalf of 'class of one.'
Constitutional Law Mar. 6, 2000
Baldwin v. Kilpatrick (In re Baldwin)
Default judgment against debtor for assault and battery is nondischargeable debt under Bankruptcy Code Section 523(a)(6).
Bankruptcy Mar. 6, 2000
People v. James
Access to sealed records is to be determined by division of court that decides appeal.
Criminal Law and Procedure Mar. 6, 2000
Bad Boys of Cripple Creek Mining Co. v. City of Cripple Creek
Two-year statute of limitations applies to claims for inverse condemnation against governmental entities.
Real Property Mar. 6, 2000
People v. Farrell
Admission of codefendant's statement violated defendant's constitutional right to confront and cross-examine witnesses.
Criminal Law and Procedure Mar. 6, 2000
Mohr v. Kelley
Congressional candidate is not liable for wages owed to campaign workers because the campaign is a separate legal entity.
Employment Law Mar. 6, 2000
Rose v. Colorado Factory Homes
Buyer of modular home may revoke acceptance where seller unable to remedy problems.
Torts Mar. 6, 2000
People v. Whatley
Self-defense not allowed as an affirmative defense where there was no credible evidence to support the defense.
Criminal Law and Procedure Mar. 6, 2000
State v. Cordova
Pellet gun can be deadly weapon.
Criminal Law and Procedure Mar. 6, 2000
State v. Maggio
Probation terms forbidding defendant from contacting or residing with children are not unenforceable for vagueness.
Criminal Law and Procedure Mar. 6, 2000
Larsen v. Decker
Social Security Administration report finding plaintiff permanently disabled is hearsay which cannot be admitted to prove plaintiff's injuries in automobile accident.
Torts Mar. 6, 2000
People v. Borrelli
Stalking statute, which requires victim to suffer substantial emotional distress, is constitutional.
Criminal Law and Procedure Mar. 3, 2000
Lectrodryer v. Seoulbank
Bank's retention of funds after issuance of letter of credit supports jury's verdict of unjust enrichment.
Torts Mar. 3, 2000
People v. McHenry
Restitution fines aren't subject penalty assessments under Penal Code Section 1464(a) and Government Code Section 76000(a).
Criminal Law and Procedure Mar. 3, 2000
Stone v. The Regents of the University of California
Where employee's conduct is outside scope of employment, employer is not required to defend employee in civil lawsuit.
Torts Mar. 3, 2000
People v. Watson
Police decoy operation, that entices car theft by leaving keys in car ignition, is not entrapment.
Criminal Law and Procedure Mar. 3, 2000
Zink v. Gourley
Suspension for refusing to submit to chemical testing may not be mitigated to restricted license if individual holds commercial driver's license.
Administrative Agencies Mar. 3, 2000
People v. Guzman
Punishment enhancement proper when driver's drunken state is direct cause of passenger's 'great bodily injury.'
Criminal Law and Procedure Mar. 3, 2000
People v. Flynn
Displaying gun after simple taking is sufficient cause to return conviction for robbery, rather than grand theft.
Criminal Law and Procedure Mar. 3, 2000
People v. Ranger Insurance Co.
Mailing of forfeiture notice extends time that summary judgment may be entered against bail bond.
Criminal Law and Procedure Mar. 3, 2000
Zachary G., a Minor
Hearing to reinstate parental rights isn't required when mother's petition shows no changed circumstances or that change is in child's best interests.
Juveniles Mar. 3, 2000