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Name Category Published
U.S. v. Erwin
Prohibition of commercial fishing is improper condition for supervised release for felon in possession of ammunition.
Criminal Law and Procedure Oct. 9, 2002
Garcia v. Pueblo Country Club
Whether former employment position remained open or was eliminated is question of material fact for jury.
Civil Rights Oct. 9, 2002
Hollis v. Hargett
Order
Oct. 9, 2002
U.S. v. Beckman
Improper cross-examination of defendant regarding prior arrest and conviction constituted harmless error.
Criminal Law and Procedure Oct. 8, 2002
People v. Gurule
Substantial evidence supports that defendant was given 'Miranda' warnings despite lack of recording.
Criminal Law and Procedure Oct. 8, 2002
Espresso Roma Corp. v. Bank of America
Complaint against bank for payment of forged checks is properly dismissed where bank established prima facie case that it exercised ordinary care.
Banking Oct. 8, 2002
Rancho Viejo v. Tres Amigos Viejos
Residential developer's causes of action are barred by Civil Code Section 3482.5, which exempts prescribed agricultural activities from nuisance liability.
Torts Oct. 8, 2002
Slanina v. United States
Order
Oct. 8, 2002
Hall v. Texas
Order
Oct. 8, 2002
Tennard v. Cockrell, Dir., TX DCJ
Order
Oct. 8, 2002
Opinion of Bill Lockyer
Members of National Guard are required to complete training course before exercising peace officer powers when called into emergency state service.
Government Oct. 8, 2002
Fireman's Fund Insurance Co. v. City of Lodi
Amended opinion
Oct. 8, 2002
People v. Wright
Ambiguous assault instruction is harmless error where defendant admitted to reckless driving and intent to scare victims.
Criminal Law and Procedure Oct. 8, 2002
People v. Cosgrove
Trial court's grant of directed verdict in case of mentally disordered offender constituted harmless error.
Civil Procedure Oct. 8, 2002
Mycogen Corp. v. Monsanto Co.
Second lawsuit for breach of licensing agreement is barred by doctrine of res judicata.
Civil Procedure Oct. 8, 2002
People v. Wutzke
Quasi-familial relationship does not make convicted child molester a 'relative' for sentencing purposes.
Criminal Law and Procedure Oct. 8, 2002
Bird v. Saenz
Bystander does not have claim for negligent infliction of emotional distress based on medical malpractice when she was not in operating room.
Torts Oct. 8, 2002
People v. Acosta
Sentence may be based on Three Strikes Law and enhancements under Penal Code Section 667(a) notwithstanding defendant's eligibility under One Strike Law.
Criminal Law and Procedure Oct. 8, 2002
People v. Gutierrez
Convictions and death sentence for first-degree murder and other offenses are upheld.
Criminal Law and Procedure Oct. 8, 2002
Bishop Paiute Tribe v. County of Inyo
County and its agents violate Paiute Tribe's sovereign immunity by obtaining and executing search warrant against tribe and tribal property.
Constitutional Law Oct. 8, 2002
Central Delta Water Agency v. United States
Credible threat of harm to plaintiffs' crops is sufficient to constitute actual injury for standing purposes.
Civil Procedure Oct. 8, 2002
Azer v. Connell
Medical laboratory is entitled to tolling of deadline to file civil rights lawsuit against agency that oversees Medi-Cal program.
Civil Procedure Oct. 8, 2002
Beaty v. Selinger (In re Beaty)
Doctrine of laches applies to nondischargeability complaints brought under 11 U.S.C. Section 523(a)(3)(B).
Bankruptcy Oct. 8, 2002
Luna v. Cambra
Trial counsel's failure to interview and subpoena two alibi witnesses and one exonerating witness is prejudicial error.
Criminal Law and Procedure Oct. 8, 2002
Staffer v. Predovich (In re Staffer)
Complaint asserting nondischargeability of debt may be filed at any time after bankruptcy proceeding was closed.
Bankruptcy Oct. 8, 2002
U.S. v. Chavez-Miranda
Forcible entry by police after waiting 20 to 30 seconds, did not violate the 'Knock and Announce Rule.'
Criminal Law and Procedure Oct. 8, 2002
Profit v. Savage (In re Profit)
Modification to bankruptcy plan was invalid because it exceeded 60 months in duration.
Bankruptcy Oct. 8, 2002
Simple Technology Inc. v. Densepac Microsystems Inc.
Order
Oct. 7, 2002
Face, VA Comm'r of Finance v. Nat. Home Eq. Mortgage
Order
Oct. 7, 2002
Varner v. Illinois
Order
Oct. 7, 2002