| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-35526
|
U.S. v. Valdez
One-year limitations period, for statute allowing habeas review based on newly recognized right, runs from date new right becomes retroactive. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-50082
|
U.S v. Cordoba
District court's refusal to admit results of unstipulated polygraph examination, pursuant to the Federal Rules of Evidence, isn't an abuse of discretion. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
D031878
|
People v. Ewing
'Harass,' as used in stalking statute, is not unconstitutionally vague. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
S072486
|
People v. Tufunga
'Claim of right' defense is no longer available as defense to robberies perpetrated to satisfy, settle or collect on a debt. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
97-71182
|
Briseno v. INS
Court of Appeals lacks jurisdiction over petitions filed by aliens who are deportable because they committed an aggravated felony. |
Immigration |
|
Dec. 30, 1999 | |
|
98-35900
|
Rivera v. Pugh
Double jeopardy isn't violated when defendant is prosecuted for refusing to take blood-alcohol test after driver's license revoked for same refusal. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
C030332
|
People v. Chong
Due to many instances of unprofessional conduct, it's proper to admonish attorney in jury's presence, rather than excusing jury. |
Attorneys |
|
Dec. 30, 1999 | |
|
B126368
|
Larkin v. Williams, Woolley, Cogswell, Nakazawa & Russell
Partnership agreement's arbitration clause, requiring arbitration of any claim arising out of the partnership agreement, encompasses claim for dissolution of partnership. |
Contracts |
|
Dec. 30, 1999 | |
|
A084918
|
Local 21, International Federation of Professional And Technical Engineers, AFL-CIO v. City and County of San Francisco
Retired city employees aren't entitled to same city-funded dental benefits given to active city employees pursuant to their collective bargaining agreement. |
Labor Law |
|
Dec. 30, 1999 | |
|
B127891
|
People v. Vichroy
Jury instruction permitting jury to consider defendant's prior sex offenses as evidence of propensity to commit the charged offense violates due process. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-4153
|
U.S. v. Salvador-Rodriguez
Order |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
97-55692, 97-56236, and 98-55407
|
Royal Insurance Co. of America v. Southwest Marine
Exculpatory clause in maritime contract can't shield party from liability for gross negligence. |
Contracts |
|
Dec. 30, 1999 | |
|
98-50171
|
U.S. v. Gantt
Officers must present complete copy of search warrant to person present at property to be searched. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
E024120
|
Durdines v. Superior Court (People)
When defendant claims ineffective assistance of counsel, attorney need not explain his behavior before the issuance of writ of habeas corpus. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
E023610
|
Foster v. Reed
Duress defense isn't applicable in an administrative proceeding when reviewing the suspension of a teenager's driver's license. |
Administrative Agencies |
|
Dec. 30, 1999 | |
|
C027158
|
Union Safe Deposit Bank v. Floyd
Failure by creditor to strictly comply with notice requirements of the Commercial Code and misstatement of rights to debtor bars deficiency judgment. |
Business Law |
|
Dec. 30, 1999 | |
|
A081330
|
Deschene v. Pinole Point Steel Co.
Grant of summary judgment to employer on employee's wrongful termination and discrimination claims are improper where material issues of dispute exist. |
Employment Law |
|
Dec. 30, 1999 | |
|
S068840
|
People v. Zermeno
Assault by gang member, and aiding by fellow gang member, is only single offense for Street Terrorism Enforcement and Prevention Act purposes. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
D031953
|
People v. Balestra
Consent to warrantless searches is a reasonable term of probation for an elder-abuse conviction. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
B127817
|
Johnson v. Kotyck
Beneficiary of revocable trust isn't entitled to trust accounting, despite infirmity and conservatorship of trustor. |
Probate and Trusts |
|
Dec. 30, 1999 | |
|
B127891
|
People v. Vichroy
Jury instruction permitting jury to consider defendant's prior sex offenses as evidence of propensity to commit the charged offense violates due process. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
B130556
|
Mylan Laboratories Inc. v. Soon-Shiong
Intervention by nonparty holder of attorney-client privilege isn't necessary to assert the privilege, nor does the privilege require intervention. |
Civil Procedure |
|
Dec. 30, 1999 | |
|
B121020
|
Midiman v. Farmers Insurance Co.
In copyright infringement case, insured isn't entitled to independent counsel to defend suit, nor entitled to presumption that underlying claims are legitimate. |
Insurance |
|
Dec. 30, 1999 | |
|
98-55219
|
Honey v. Distelrath
Postdeprivation state tort remedies don't bar public employee's wrongful discharge action when employer has power to effect deprivation. |
Employment Law |
|
Dec. 30, 1999 | |
|
98-70162
|
Konstantinova v. INS
Board of Immigration Appeals may waive procedural errors when circumstances warrant. |
Immigration |
|
Dec. 30, 1999 | |
|
C030209
|
Marriage of Dacumos
Imputing rental income based on fair market rental value of property in determining child support payments isn't abuse of discretion. |
Family Law |
|
Dec. 30, 1999 | |
|
C028525
|
Pulaski v. California Occupational Safety and Health Standards Board
Occupational Safety and Health Board's regulations regarding repetitive motion injuries are mostly valid. |
Administrative Agencies |
|
Dec. 30, 1999 | |
|
96-16021
|
Owens Valley Indian Housing Authority v. Turner
Order |
|
Dec. 30, 1999 | ||
|
97-36091
|
Oliver v. Sealaska Corp.
Alaska Native Claims Settlement Act does not create independent cause of action for individual or class to enforce statute's revenue-sharing requirements. |
Native American Affairs |
|
Dec. 30, 1999 | |
|
98-35732
|
Smith v. Marsh
Motion to intervene is untimely after significant amount of time has passed, intervention would cause delay, and no explanation for delay exists. |
Civil Procedure |
|
Dec. 30, 1999 |