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Name Category Published
Maxwell (MIchael G.) on H.C.
Order
Apr. 13, 2005
People v. Dominguez
ncomplete jury instructions require reversal of defendant's conviction for felony murder.
Criminal Law and Procedure Apr. 13, 2005
People v. Leighton
Order
Apr. 13, 2005
Yaqub v. Salinas Valley Memorial Healthcare System
Order
Apr. 13, 2005
Fox v. Ethicon Endo-Surgical
Order
Apr. 13, 2005
Roe v. State Personnel Board (Dept. of Justice)
Due to procedurally improper termination, plaintiff is entitled to backpay from Department of Justice.
Employment Law Apr. 12, 2005
Johnson v. United States
Limitations period to challenge federal sentence enhancement begins to run when underlying state conviction is vacated.
Criminal Law and Procedure Apr. 12, 2005
Rousey v. Jacoway
Debtors can exempt assets in their Individual Retirement Accounts from bankruptcy estate.
Bankruptcy Apr. 12, 2005
Opinion of Lockyer
Community college district may use its funds to hire consultant to assess public support for ballot measure.
Education Apr. 12, 2005
Kesser v. Cambra
State appellate court did not err in using 'mixed motive' analysis to uphold constitutionality of three peremptory challenges.
Criminal Law and Procedure Apr. 12, 2005
Balandran v. Labor Ready Inc.
Employment agency that does not consider workers employed until they have been assigned job cannot compel arbitration for pre-employment issue.
Employment Law Apr. 12, 2005
People v. Eribarne
Misdemeanor conviction for driving under influence makes defendant ineligible for Proposition 36 probation and drug treatment.
Criminal Law and Procedure Apr. 12, 2005
Neufeld v. State Board of Equalization
Penalty against taxpayer for filing frivolous claim is constitutional.
Taxation Apr. 12, 2005
People v. Horning
Letter sent by California detective to Arizona authorities who had defendant in custody is insufficient to trigger federal speedy trial rights.
Criminal Law and Procedure Apr. 12, 2005
Frei v. Davey
Contract provision that denies a prevailing party attorney fees for refusing to mediate is enforceable.
Contracts Apr. 12, 2005
Elsenheimer v. Elsenheimer (Orange County Dept. of Child Support Services)
In calculating child support, custodial parent's gross income does not include Supplemental Security Income benefits.
Family Law Apr. 12, 2005
Elsner v. Uveges
Employee may use Cal-OSHA provisions to establish duty of care in negligence action against non-employer.
Torts Apr. 12, 2005
U.S. v. Afshari
Statue that prohibits financial support to 'terrorist' organizations does not violate due process rights.
Constitutional Law Apr. 12, 2005
Smith v. University of Washington
University of Washington Law School's use of race in its 1994-1996 admissions decisions was constitutional.
Civil Rights Apr. 12, 2005
Unuakhaulu v. Ashcroft
District court has jurisdiction to review immigration board's nondiscretionary denial of relief under Convention Against Torture.
Immigration Apr. 12, 2005
Wolski v. Fremont Investment & Loan
Yield spread premium is not included in 'points and fees' of residential mortgage loan.
Banking Apr. 12, 2005
Craig L. v. Sandy S.
When conflicting presumptions over a child's paternity arise, factual findings must be made before weight is assigned.
Family Law Apr. 12, 2005
Sons v. Superior Court (People)
Prosecutorial misconduct intended to secure conviction does not bar subsequent retrial.
Criminal Law and Procedure Apr. 12, 2005
Sulier v. State Personnel Board
Notice of adverse action by Department of Corrections against corrections officer for misconduct may be informal.
Government Apr. 12, 2005
People v. Accredited Surety & Casualty Co. Inc.
Failure of trial court to consider statutory factors before reducing defendant's bail amount is no defense to forfeiture of bail bond.
Criminal Law and Procedure Apr. 12, 2005
People v. Bowen
Defendant who violated terms of Proposition 36 probation three times is ineligible for further probation.
Criminal Law and Procedure Apr. 12, 2005
People v. Beagle
Dismissed drug charge cannot be basis for drug-related probation condition.
Criminal Law and Procedure Apr. 12, 2005
Dream Theater Inc. v. Dream Theater
Incorporation of arbitration rules into agreement indicates clear intent to have arbitrator decide whether dispute is subject to arbitration.
Contracts Apr. 12, 2005
U.S. v. Lopez-Zamora
Federal guidelines permit sentence departure for minor nature of underlying felony.
Criminal Law and Procedure Apr. 12, 2005
Nasha LLC v. City of Los Angeles
Decision of planning commission must be set aside when one of its members wrote negative article while matter was pending.
Civil Procedure Apr. 12, 2005