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Name Category Published
City of Palm Springs v. Living Desert Reserve
Forfeiture language in deed manifests intent to create fee simple subject to condition subsequent rather than charitable trust. 		Real Property Apr. 14, 1999
People v. Bonds
Although trial court can dismiss on its own motion if state claims inability to go forward, state can appeal dismissal. 		Criminal Law and Procedure Apr. 14, 1999
People v. Tillman
Failure to challenge use of prior rape conviction as element of current offense isn't ineffective assistance of counsel. 		Criminal Law and Procedure Apr. 14, 1999
Abbott v. Mandiola
Judge who declares mistrial is required to hear sanction requests stemming from that mistrial, absent inability. 		Judges Apr. 14, 1999
People v. Sargent
Conviction for child abuse involving infliction of pain and mental suffering doesn't require criminal negligence. 		Criminal Law and Procedure Apr. 14, 1999
People v. Neely
References to defendant's case that newly elected district attorney makes during campaigning doesn't warrant recusal of prosecutor's office. 		Criminal Law and Procedure Apr. 14, 1999
Smith v. Golden Eagle Insurance Co.
Going to trial on personal injury claim after unsuccessful settlement attempt bars subsequent breach of contract claim. 		Torts Apr. 14, 1999
City and County of San Francisco v. Garnett
Statute that precludes parent from reducing child support payments, even though child receives welfare payments, does not violate Equal Protection Clause. 		Family Law Apr. 14, 1999
People v. Farael
Enforcement of confession of judgment in criminal case is proper when restitution is ordered. 		Criminal Law and Procedure Apr. 14, 1999
Baldwin v. City of Los Angeles (Habitat for Humanity, Harbor Area/Long Beach, CA Inc.)
No unconditional acceptance of donation deed when parties continue to negotiate terms of dedication. 		Real Property Apr. 14, 1999
Scheffield Medical Group Inc. v. Workers' Compensation Appeals Board
Medical-legal reports inadmissible when office assistant exercises technical function of taking X-rays without legal authority. 		Workers' Compensation Apr. 14, 1999
Moreno v. Draper
Noncustodial parent may not receive a hardship deduction in child support payments even if child is receiving public assistance. 		Family Law Apr. 14, 1999
People v. Jennings
Attorney's refusal to present perjured testimony doesn't deny defendant effective assistance of counsel. 		Criminal Law and Procedure Apr. 14, 1999
People v. Superior Court (Johannes)
Under the Sexually Violent Predator Act, crimes against children under 14 need not be committed with force to satisfy statute. 		Criminal Law and Procedure Apr. 14, 1999
U.S. v. Rodriguez-Moreno
Federal firearms statute violations can be prosecuted in any district where the crime of violence occurs. 		Criminal Law and Procedure Apr. 14, 1999
U.S. v. Cruz-Mendoza
Order 		Apr. 13, 1999
Humana Inc. v. Forsyth
Where application of federal law doesn't conflict with state policy, federal action isn't barred by McCarran-Ferguson Act. 		Insurance Apr. 13, 1999
U.S. v. Yossunthorn
Attempted possession with intent to distribute heroin not substantiated absent evidence of substantial step toward possession of the heroin. 		Criminal Law and Procedure Apr. 13, 1999
Kumho Tire Co. v. Carmichael
'Gatekeeping' obligation of evidentiary rule applies not just to 'scientific' testimony, but to all expert testimony. 		Civil Procedure Apr. 13, 1999
Bankruptcy of American Eagle Mfg. Inc.
Chapter 7 trustee is properly certified pursuant to 11 U.S.C. Section 702 after a disputed creditor election. 		Bankruptcy Apr. 13, 1999
Wright v. Maddox
Prejudicial error occurs when prosecutor calls unsworn witness to elicit his refusal to testify and then elicits double hearsay that defendant threatened witness. 		Criminal Law and Procedure Apr. 13, 1999
Mitchell v. U.S.
Defendant who pleads guilty at trial doesn't waive right to remain silent at sentencing. 		Criminal Law and Procedure Apr. 13, 1999
Drain v. Betz Laboratories Inc.
Discrimination claim is barred by assertions of total disability when applying for workers' compensation benefits. 		Civil Rights Apr. 13, 1999
United States v. Northrop Corp.
Qui tam relator loses standing and can't proceed with action after government settles. 		Government Apr. 13, 1999
Michigan v. United States
Certiorari granted 		Apr. 13, 1999
MI Dept. of Environmental Quality v. Bestfoods
Order 		Apr. 13, 1999
Donahey v. Livingstone
Certiorari granted 		Apr. 13, 1999
Peterson v. Highland Music Inc.
Music composer may rescind 30 year old royalty contract for breach of continuing payment obligation. 		Intellectual Property Apr. 13, 1999
Parrino v. FHP Inc.
Employee Retirement Income Security Act pre-empts state law claims regarding health plan's claims procedures. 		Labor Law Apr. 13, 1999
Exxess Electronixx v. Heger Realty Corp.
Real estate broker isn't entitled to attorney fees in action regarding commercial lease that was dismissed. 		Contracts Apr. 13, 1999
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