| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D054120
|
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 | |
|
C061980
|
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 | |
|
C059236
|
King v. Willmett
Order |
|
Aug. 25, 2010 | ||
|
A129173
|
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 | |
|
S175204
|
Ruiz v. Podolsky
Wrongful death claimants are bound by arbitration agreements entered into by decedent and health care provider. |
Torts |
|
Aug. 24, 2010 | |
|
S162570
|
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 | |
|
07-16988
|
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 | |
|
08-10472
|
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 | |
|
08-35532
|
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 | |
|
08-55162
|
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 | |
|
09-70460
|
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 | |
|
A122932
|
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 | |
|
B212585
|
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 | |
|
B215307
|
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 | |
|
B212062
|
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 | |
|
D054408
|
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 | |
|
E049552
|
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 | |
|
05-99006
|
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 | |
|
07-72415
|
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 | |
|
08-99001
|
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 | |
|
09-15214
|
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 | |
|
09-15672
|
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 | |
|
09-16942
|
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 | |
|
09-30246
|
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 | |
|
09-35734
|
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 | |
|
09-50269
|
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 | |
|
09-50399
|
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 | |
|
E049206
|
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 | |
|
B216493
|
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 | |
|
S029490
|
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 |
