| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
98-50371
|
U.S. v. Clark
State prohibition of practicing law without a license is assimilated into federal law under the Assimilative Crimes Act. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
F029835
|
County of Kern v. Castle
Inheritance isn't gross income for child support purposes, but change in disposable income is to be considered by the trial court. |
Family Law |
|
Dec. 30, 1999 | |
|
B122920
|
Williamson v. Prida
Veterinary doctor, who administers three injections in race horse that causes swelling in horse's neck, doesn't breach standard of care. |
Torts |
|
Dec. 30, 1999 | |
|
G018532
|
Lupash v. City of Seal Beach
City owes no duty to warn participant in city-sponsored junior lifeguard program against uneven ocean floor. |
Torts |
|
Dec. 30, 1999 | |
|
A081134
|
People v. Somersall
Consultation of legal dictionary, provided by bailiff, for the definition of 'malice' is jury misconduct. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-10359
|
U.S. v. Duran-Orozco
No exigent circumstances justifying warrantless entry into residence exist when government agents concede they could have guarded house's perimeter. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
F031435
|
People v. Suon
Withdrawal of guilty plea, on ground that court failed to advise defendant of possible adverse immigration consequences, requires proof of noncitizenship. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
97-56472
|
ALLTEL Information Services Inc. v. Federal Deposit Insurance Corp.
Financial Institutions Reform, Recovery and Enforcement Act precludes recovery of damages for lost profits. |
Banking |
|
Dec. 30, 1999 | |
|
98-15061
|
Spivey v. Rocha
Aider and abettor is required to have intent to encourage criminal activity, but needn't share perpetrator's intent to commit that specific offense. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-15862
|
Planned Parenthood of Southern Arizona v. LaWall
Parental consent statute for abortion, containing provisions for intermediate judicial bypass and open-ended medical emergency, isn't constitutional. |
Constitutional Law |
|
Dec. 30, 1999 | |
|
97-50643
|
U.S. v. Montero-Camargo
Order |
|
Dec. 30, 1999 | ||
|
97-56734
|
Lockheed Martin Corp. v. Network Solutions Inc.
Internet domain name isn't a product for Lanham Trademark Act purposes. |
Intellectual Property |
|
Dec. 30, 1999 | |
|
97-55579
|
Wallis v. Spencer
Uninvestigated report from institutionalized patient and mistaken belief about existence of court order are insufficient to warrant removing children from parents' custody. |
Civil Rights |
|
Dec. 30, 1999 | |
|
97-71045
|
Sebastian-Sebastian v. INS
When reviewing asylum request, Court of Appeals is required to defer to the factual findings of the administrative authorities. |
Immigration |
|
Dec. 30, 1999 | |
|
98-15942
|
Great Lakes Higher Education Corp. v. Pardee (In re Pardee)
Creditor, who didn't object to Chapter 13 plan or confirmation order, waives right to attack plan postconfirmation for improperly discharging debt. |
Bankruptcy |
|
Dec. 30, 1999 | |
|
97-55046
|
Sanders v. Union Pacific Railroad Co.
District court's law clerk can't conduct final pretrial conference. |
Judges |
|
Dec. 30, 1999 | |
|
99-99027
|
Ortiz v. Stewart
No habeas relief, pursuant to Antiterrorism and Effective Death Penalty Act, permissible when state only recently establishes mechanism for appointing postconviction counsel. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-50440
|
U.S. v. Martinez-Vitela
Order |
|
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 | |
|
96-17131
|
Association of Mexican-American Educators v. California
Titles VI and VII of Civil Rights Act do not apply to administration of CBEST exam. |
Administrative Agencies |
|
Dec. 30, 1999 | |
|
97-16204
|
Janas v. McCracken
Order |
|
Dec. 30, 1999 | ||
|
D026690
|
N.N.V. v. American Assn. of Blood Banks
Professional medical association not liable for determining medical standards based on evolving medical and scientific knowledge. |
Torts |
|
Dec. 30, 1999 | |
|
98-36073
|
Duhaime v. Ducharme
Under Antiterrorism and Effective Death Penalty Act, life imprisonment without parole if defendant pleads not guilty and later convicted, is not unconstitutional. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-56919
|
In re Kramer
Federal court must still afford attorney due process of law before disbarring him, despite state disciplinary action taken in another jurisdiction. |
Attorneys |
|
Dec. 30, 1999 | |
|
98-15836 and 98-16207
|
In re 2659 Roundhill Dr.
Purchase of privately foreclosed real property bars government forfeiture claim when civil forfeiture proceeding was filed after recordation of trust deed. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-30290
|
U.S. v. Cruz-Guerrero
Involuntary manslaughter involving firearm is an aggravated felony for U.S. Sentencing Guideline purposes. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-35723
|
Gorbach v. Reno
Order |
|
Dec. 30, 1999 | ||
|
98-35884
|
Spicer v. Gregoire
Requiring defendant to prove consent was harmless error when state still had burden to prove that sexual intercourse occurred by 'forcible compulsion.' |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-50606
|
U.S. v. Esparza-Ponce
Petty theft is a crime of moral turpitude, which justifies deportation. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
97-35220 and 97-35221
|
Thomas v. Anchorage Equal Rights
Order |
|
Dec. 30, 1999 |