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Hamm v. Saffle
Petitioner who did not timely seek review of his removal from halfway house is barred from seeking federal habeas review. 		Criminal Law and Procedure Oct. 16, 2002
Robbins v. Wilkie
At pleading stage of civil RICO action, plaintiff is not required to plead with particularity to show standing. 		Civil Procedure Oct. 16, 2002
U.S. v. Neff
Use of handcuffs during investigative stop is appropriate and reasonable when officers receive reliable report that defendant is armed with dangerous weapon. 		Criminal Law and Procedure Oct. 16, 2002
Floyd v. Ortiz
District court erred in ruling it lacked jurisdiction to review petition of prisoner seeking to enforce agreement with prison. 		Civil Procedure Oct. 16, 2002
Wander v. Kaus
There is no federal-question jurisdiction over lawsuit for damages brought under California's Disabled Person's Act. 		Civil Procedure Oct. 15, 2002
Abada v. Charles Schwab & Co.
District court lacks appellate jurisdiction over class action suit which was removed to state court. 		Civil Procedure Oct. 15, 2002
Morgan v. National Railroad Passenger Corp.
Order 		Oct. 15, 2002
U.S. v. Jimenez
District court erred by enhancing defendant's sentence pursuant to sentencing guidelines for use of minor to commit crime and for obstruction of justice. 		Criminal Law and Procedure Oct. 15, 2002
Kelly v. Small
Where petitioner files 'mixed' federal habeas petition of both exhausted and unexhausted state claims, petition is dismissed without prejudice. 		Criminal Law and Procedure Oct. 15, 2002
U.S. v. Belgarde
State Dept. of Family Services is not 'person' under Major Crimes Act and burglary indictment is properly dismissed. 		Criminal Law and Procedure Oct. 15, 2002
U.S. v. Alarcon-Simi
Defendant's post-arrest statement is not admissible as excited utterance because it did not relate to incidents occurring at time of arrest. 		Criminal Law and Procedure Oct. 15, 2002
Fischel v. Equitable Life Assurance Society of the United States
Lodestar calculation method used to determine attorney fees resulting from class action settlement was proper. 		Attorneys Oct. 14, 2002
In re Marriage of Ellis
Former husband's health insurance subsidy benefits upon retirement are not property divisible as community property. 		Family Law Oct. 13, 2002
Zuckerman v. Board of Chiropractic Examiners
Chiropractor disciplined for misconduct may be ordered to pay costs of investigation and prosecution of case. 		Administrative Agencies Oct. 13, 2002
People v. Mack
Order 		Oct. 13, 2002
Krogh v. Reynolds Packing Inc.
Order 		Oct. 13, 2002
In re Jerry P., a Minor
Order 		Oct. 13, 2002
Santa Monica Chamber of Commerce v. City of Santa Monica
Legislation that created residents-only, permit-required, parking district is exempt from requirements of California Environmental Quality Act. 		Environmental Law Oct. 13, 2002
Rosenbluth International Inc. v. Superior Court (Serrano)
Individual plaintiff lacks standing to sue for unfair competition on behalf of large corporations. 		Civil Procedure Oct. 13, 2002
St. Paul Fire and Marine Insurance Co. v. American Dynasty Surplus Lines Insurance Co.
'Mere presence' on jobsite does not automatically result in jobsite's owner's liability of 'ongoing operations.' 		Insurance Oct. 13, 2002
People v. Hall
Trial court has authority to order defendant, who spat on prosecutor and investigator, to submit to testing for AIDS and other communicable diseases. 		Criminal Law and Procedure Oct. 13, 2002
Board of Retirement of Los Angeles County Employees Retirement Assn. v. Superior Court (People of the State of California and Teresia O'Riley)
Court may not order county retirement system to pay restitution for crime committed by retiree. 		Government Oct. 13, 2002
Rubin v. City of Burbank
City's practice of beginning city council meeting with sectarian prayer as invocation violates establishment clause of U.S. Constitution. 		Constitutional Law Oct. 13, 2002
People v. Legion Insurance Co.
Order 		Oct. 13, 2002
Barnes v. Superior Court (People)
Defendant's second motion to suppress evidence must be heard by same judge that granted first motion. 		Judges Oct. 11, 2002
People v. Adair
Order 		Oct. 11, 2002
Bennett v. Mueller
State has the burden to prove adequacy of state procedural bar to federal habeas review. 		Criminal Law and Procedure Oct. 10, 2002
Hofler v. Aetna U.S. Healthcare of California Inc.
Widow suing HMO for husband's care properly received attorney fees for having case remanded to state court. 		Civil Procedure Oct. 10, 2002
Foster v. Booher
For purpose of habeas review, prisoner is 'in custody' when serving a series of consecutive sentences. 		Criminal Law and Procedure Oct. 10, 2002
National Union Fire Insurance Co. v. LSB Industries Inc.
Statute of limitations did not begin to run until a final premium is calculated based on express terms of agreement. 		Civil Procedure Oct. 10, 2002
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