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People v. Rodriguez
Judgments of defendant's previous convictions for robbery and burglary in Texas do not prove beyond reasonable doubt that they are serious felonies.
Criminal Law and Procedure Jan. 18, 2005
People v. Orihuela
Defendant who missed court appearance after being granted drug diversion cannot be convicted of felony failure to appear.
Criminal Law and Procedure Jan. 18, 2005
Taha v. Ashcroft
Order
Jan. 18, 2005
Environmental Charter High School v. Centinela Valley Union High School Dist.
School district is not obligated to make facilities available when school failed to provide documentation for its request.
Education Jan. 18, 2005
Conness v. Satram
When two parties separately apply for domestic-violence restraining orders, the second application is not a request for a mutual restraining order.
Criminal Law and Procedure Jan. 18, 2005
U.S. v. Quintana-Quintana
Order
Jan. 18, 2005
Watt Industries v. Zurich American Insurance Co.
Insurer had duty to defend policyholder who was being sued for selling substandard parts to city water systems.
Insurance Jan. 18, 2005
People v. Robinson
Defendant's attorney was not ineffective for failing to object to amendment to information.
Criminal Law and Procedure Jan. 18, 2005
C&C Construction Inc. v. Sacramento Municipal Utility District
Municipal utility district fails to prove that its race-based discrimination in public contracting is necessary to maintain federal funding.
Administrative Agencies Jan. 18, 2005
Yaqub v. Salinas Valley Memorial Healthcare System
Hospital denied doctor a fair administrative hearing before revoking his hospital privileges.
Civil Procedure Jan. 18, 2005
Marriage of Heath
Court's finding that separating autistic child from his brother was in the children's best interest was not supported by sufficient evidence.
Family Law Jan. 18, 2005
People v. Corella
Court erred in excluding exculpatory statements from preliminary hearing that were made by defendant's wife.
Criminal Law and Procedure Jan. 18, 2005
People v. Shaw
Court's decision to impose consecutive terms of imprisonment was not barred by 'Blakely.'
Criminal Law and Procedure Jan. 18, 2005
People v. Jiles
Admission of dying victim's statement that she was stabbed by defendant did not violate Confrontation Clause.
Criminal Law and Procedure Jan. 18, 2005
Ruiz v. Sysco Food Services
Employee must arbitrate defamation claim arising from statements employer made while investigating claim that employee brandished knife.
Labor Law Jan. 18, 2005
Medellin v. Dretke
Order
Jan. 18, 2005
Vigil v. Leavitt
Environmental agency will reconsider whether state used adequate measures to minimize diesel emissions.
Environmental Law Jan. 18, 2005
People v. Earley
Trial court did not abuse its discretion in denying defendant's motion to reopen evidence.
Criminal Law and Procedure Jan. 18, 2005
State Farm Mutual Automobile Insurance Co. v. Grisham
Auto insurance did not cover bite from dog that escaped parked truck.
Insurance Jan. 18, 2005
Cole v. California Insurance Guarantee Association
Federal and state disability insurance benefits may not be credited against motorists' recovery from California Insurance Guarantee Association.
Insurance Jan. 18, 2005
U.S. v. Cortez-Rocha
Search of defendant's spare tire at border was not 'particularly offensive' search requiring reasonable suspicion.
Criminal Law and Procedure Jan. 18, 2005
Motley v. Parks
Several officers searching home of parolee who was in custody are not entitled to qualified immunity.
Criminal Law and Procedure Jan. 18, 2005
Bowman v. City of Berkeley (Affordable Housing Associates)
Where housing complex for seniors has no environmentally significant aesthetic effects, environmental impact report is not required.
Environmental Law Jan. 18, 2005
U.S. v. Bueno-Vargas
Weekend fax procedure satisfies Fourth Amendment requirement that government obtain judicial determination of probable cause within 48 hours of warrantless arrest.
Criminal Law and Procedure Jan. 18, 2005
People v. Kunitz
Court cannot impose joint and several restitution fines on codefendants who pleaded guilty to forcibly committing lewd acts upon child.
Criminal Law and Procedure Jan. 18, 2005
Marriage of Melville
Order granting primary custody to father after mother moved with son to Oregon is supported by substantial evidence.
Family Law Jan. 18, 2005
Mashiri v. Ashcroft
Asylum petitioner who shows past persecution does not have to prove that she could have relocated safely within home country.
Immigration Jan. 18, 2005
MetroNet Services Corporation v. Qwest Corporation
Court need not expand scope of antitrust law that would provide only minimal benefit to consumers.
Antitrust Jan. 18, 2005
California Fair Employment and Housing Commission v. Gemini Aluminum Corp.
Voluntary Jehovah's Witness convention may qualify as religious observance for employment discrimination claim.
Employment Law Jan. 18, 2005
People v. Superior Court (Cole National Corp.)
Trial court's discovery orders were abuse of discretion.
Civil Procedure Jan. 18, 2005