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People v. Frazier
Jury instruction accurately stated defendant's burden to raise reasonable doubt that marijuana possession was unlawful.
Criminal Law and Procedure Jun. 20, 2005
Nuru v. Gonzales
Alien facing torture upon removal to his native Eritrea is entitled to immigration relief.
Immigration Jun. 20, 2005
Boyde v. Brown
Murderer failed to prove co-conspirator entered into secret plea agreement to incriminate him.
Criminal Law and Procedure Jun. 20, 2005
Tchoukhrova v. Gonzales
Harms suffered by disabled child and his parents in Russia rose to level of persecution.
Immigration Jun. 20, 2005
People v. Burns
Defendant facing commitment as sexually violent predator was not entitled to attorney's presence at psychological interviews.
Criminal Law and Procedure Jun. 20, 2005
People v. Thoma
Defendant's silence in face of judge's description of victim's injuries is tacit admission of truth.
Criminal Law and Procedure Jun. 20, 2005
Sole Energy Co. v. Hodges
Entry of $27 million default judgment as sanction for discovery abuses violated due process.
Civil Procedure Jun. 20, 2005
People v. Chan
Defendant who made two digit error in reporting his address is guilty of failing to register as a sex offender.
Criminal Law and Procedure Jun. 20, 2005
County of Santa Cruz v. Waterhouse
State law preempts county ordinance regulating height of mobilehomes.
Civil Procedure Jun. 20, 2005
Mileikowsky v. Tenet Healthsystem
Terminating sanctions for repeated failure to provide discovery was proper.
Civil Procedure Jun. 20, 2005
Rompilla v. Beard
Defense counsel must review information that prosecution will use to show aggravation, even when defendant suggests that no mitigating evidence exists.
Criminal Law and Procedure Jun. 20, 2005
Arias v. Katella Townhouse Homeowners Assoc. Inc.
Payments made by defendant after offer to compromise expired are considered part of plaintiff's judgment.
Civil Procedure Jun. 20, 2005
Marriage of Weaver
Property held by spouses as joint tenants is community property though wife was allegedly included on deed by mistake.
Family Law Jun. 20, 2005
People v. Wheeler
Forgery of prescription drugs is not crime recognized under Proposition 36.
Criminal Law and Procedure Jun. 20, 2005
Gardenhire v. Superior Court (Francesconi)
Decedent revoked trust by will before she died and regained ownership of property as individual.
Probate and Trusts Jun. 20, 2005
Howard Jarvis Taxpayers Assoc. v. City of Fresno
City's assessment of fee to its utility departments is subject to requirements of Proposition 218.
Government Jun. 20, 2005
People v. Cajina
Prosecutor was entitled to refer to defendant as 'sex offender' in trial for failing to register as sex offender.
Criminal Law and Procedure Jun. 20, 2005
People v. Mitchell
Petition to extend defendant's involuntary commitment that was filed after deadline and without justification need not be dismissed automatically.
Criminal Law and Procedure Jun. 20, 2005
Rodrigues v. Superior Court (Joaquim)
Default must be aside when attorney from outside jurisdiction attests to mistake leading to default.
Civil Procedure Jun. 20, 2005
Hood v. Compton Community College District
Employees alleging bias were employed by community college district, not personnel commission.
Employment Law Jun. 20, 2005
People v. Saffold
Proof of service of temporary restraining order is not testimonial statement.
Criminal Law and Procedure Jun. 20, 2005
People v. Martin
Treatment for mental disorder administered at county jail before conviction qualifies for mentally disordered offender status.
Criminal Law and Procedure Jun. 20, 2005
Silvers v. Sony Pictures Entertainment Inc.
Assignee to infringement claim with no interest in copyright itself may not institute action for infringement.
Intellectual Property Jun. 20, 2005
Central Building LLC v. Cooper
Irrevocable continuing guaranty agreement referring to property lease is subject to extended term of lease amendment.
Contracts Jun. 20, 2005
Power Standards Lab Inc. v. Federal Express Corp.
Air carrier that paid contractual limit for damaged cargo cannot be liable for additional damages.
Contracts Jun. 20, 2005
Milicevic v. Fletcher Jones Imports Ltd.
Court need not exclude from courtroom plaintiff's attorney who is also defense witness.
Civil Procedure Jun. 20, 2005
People v. Martinez
Court that accepts defendant's plea bargain need not be same court that holds probation violation hearing.
Criminal Law and Procedure Jun. 20, 2005
Estate of Davies
Trust beneficiary's proposed objections do not constitute contest within meaning of no-contest clause.
Probate and Trusts Jun. 20, 2005
Arc of Washington State Inc. v. Braddock
Restriction on number of people who can participate in special Medicaid waiver program does not violate ADA.
Civil Rights Jun. 20, 2005
In re Sean W.
Confinement of minor for period equal to maximum sentence cannot stand where court failed to exercise its discretion.
Juveniles Jun. 20, 2005