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Name Category Published
People v. Butler
Jury need not decide whether defendant's conduct was primary cause of victim's death where there were multiple concurrent causes of death.
Criminal Law and Procedure Aug. 25, 2010
People v. Jeha
Mandatory lifetime sex offender registration for conviction of sexual penetration by foreign object on unconscious person does not violate equal protection.
Criminal Law and Procedure Aug. 25, 2010
King v. Willmett
Order
Aug. 25, 2010
Arntz v. Superior Court (Alioto-Pier)
Supervisor cannot ignore rounding up provision to allow her to run third term contrary to two-term limit under San Francisco City’s Charter.
Government Aug. 25, 2010
Ruiz v. Podolsky
Wrongful death claimants are bound by arbitration agreements entered into by decedent and health care provider.
Torts Aug. 24, 2010
Murray v. Alaska Airlines Inc.
Agency’s factual findings included in final order precludes plaintiff from taking subsequent action in court against same parties.
Civil Procedure Aug. 24, 2010
Singh v. Napolitano
Petitioner seeking habeas relief must bring issue of ineffective assistance of counsel to Board of Immigration Appeals to exhaust administrative remedies.
Immigration Aug. 24, 2010
U.S. v. Havelock
Mailing threatening communication to media outlets and music-related websites is not felony under 18 U.S.C. Section 876(c) unless addressee is natural person.
Criminal Law and Procedure Aug. 24, 2010
Spencer v. World Vision Inc.
Faith-based humanitarian organization is exempt from prohibition against religious discrimination in Title VII of Civil Rights Act.
Civil Rights Aug. 24, 2010
Hurd v. C.A. Terhune
Court issues writ of habeas corpus where state court unreasonably held that admission of refusal to perform reenactment did not violate 'Miranda.'
Criminal Law and Procedure Aug. 24, 2010
Rodriguez v. Holder
Alien is ineligible for personal use exception where his conviction for possession of concentrated cannabis was not his only controlled substance offense.
Immigration Aug. 24, 2010
Ted Jacob Engineering Group Inc. v. The Ratcliff Architects
Jury instruction limited to parties’ duty to negotiate in good faith is proper where court determines contract interpretation as matter of law.
Contracts Aug. 24, 2010
Morton v. Thousand Oaks Surgical Hospital
Claim of medical expertise is insufficient to meet element for negligent infliction of emotional distress without factual showing of alleged expertise.
Torts Aug. 24, 2010
People v. Moore
Conviction for driving under influence may be used to imply malice to support second degree murder charge.
Criminal Law and Procedure Aug. 24, 2010
Gutierrez v. California Commerce Club Inc.
Class suitability is improperly determined on demurrer where defendant's liability could be determined by reviewing single set of common facts.
Civil Procedure Aug. 24, 2010
People v. Russell
Felony-murder conviction is proper where defendant initiates chase upon noticing police car, indicating defendant has not reached safety after commission of burglary.
Criminal Law and Procedure Aug. 24, 2010
Berman v. Cate
Three-year term of parole does not constitute lawfully negotiated term of defendant’s plea agreement.
Criminal Law and Procedure Aug. 23, 2010
Crittenden v. Ayers
Defendant is not required to prove peremptory strike would have been issued if race had played no role when challenging juror’s dismissal.
Criminal Law and Procedure Aug. 23, 2010
Fernandes v. Holder
Denial of asylum application is proper upon finding applicant is not credible and fabricated entire claim of religious persecution.
Immigration Aug. 23, 2010
Detrich v. Ryan
Denial of habeas relief on penalty phase ineffective assistance of counsel claim is improper where counsel failed to present substantial mitigating evidence.
Criminal Law and Procedure Aug. 23, 2010
Modesto Irrigation District v. Gutierrez
Under Endangered Species Act, interbreeding is not alone determinative of whether organisms must be classified alike where they behave differently.
Environmental Law Aug. 23, 2010
Singh v. Clinton
Notice of eligibility for immigrant visa must be sent directly to eligible alien, not third party, as prerequisite for termination of registration.
Immigration Aug. 23, 2010
Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. State of California
Calculation of license pool under Indian Gaming Regulatory Act must consider gaming machines applied to each eligible tribe.
Native American Affairs Aug. 23, 2010
U.S. v. Hunter
Employers will not receive windfall for receiving restitution payments based on wages paid to defendant who committed mail fraud.
Criminal Law and Procedure Aug. 23, 2010
Ruiz-Diaz v. United States
Regulation properly provides that beneficiaries of special immigrant religious worker visa petitions may apply for adjustment of status only after visa petition approval.
Immigration Aug. 23, 2010
U.S. v. Farias
Defendant is improperly denied right to self-representation where hearing fails to determine whether waiver of right to counsel is validly made.
Criminal Law and Procedure Aug. 23, 2010
U.S. v. Langer
District court may rely on fingerprint-matched rap sheet in sentencing defendant absent contrary evidence of its reliability.
Criminal Law and Procedure Aug. 23, 2010
People v. Miller
DNA report is not testimonial statement, but rather contemporaneous recordation of observable events, and admissible as evidence at trial.
Criminal Law and Procedure Aug. 23, 2010
Purdum v. Holmes
Plaintiff’s complaint against notary is barred by six-year statute of limitations set forth in Code of Civil Procedure Section 338.
Real Property Aug. 23, 2010
People v. Williams
Defendant’s voluntary confessions to police are properly admitted to trial, resulting in murder conviction and death sentence.
Criminal Law and Procedure Aug. 20, 2010