Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
01-5221
|
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 | |
01-1363
|
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 | |
02-1032
|
Hollis v. Hargett
Order |
|
Oct. 9, 2002 | ||
01-50288
|
U.S. v. Beckman
Improper cross-examination of defendant regarding prior arrest and conviction constituted harmless error. |
Criminal Law and Procedure |
|
Oct. 8, 2002 | |
S018815
|
People v. Gurule
Substantial evidence supports that defendant was given 'Miranda' warnings despite lack of recording. |
Criminal Law and Procedure |
|
Oct. 8, 2002 | |
A095229
|
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 | |
D036980
|
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 | |
01-10469
|
Slanina v. United States
Order |
|
Oct. 8, 2002 | ||
02-5014
|
Hall v. Texas
Order |
|
Oct. 8, 2002 | ||
02-5164
|
Tennard v. Cockrell, Dir., TX DCJ
Order |
|
Oct. 8, 2002 | ||
02-604
|
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 | |
99-15614
|
Fireman's Fund Insurance Co. v. City of Lodi
Amended opinion |
|
Oct. 8, 2002 | ||
C025971
|
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 | |
E029528
|
People v. Cosgrove
Trial court's grant of directed verdict in case of mentally disordered offender constituted harmless error. |
Civil Procedure |
|
Oct. 8, 2002 | |
S090337
|
Mycogen Corp. v. Monsanto Co.
Second lawsuit for breach of licensing agreement is barred by doctrine of res judicata. |
Civil Procedure |
|
Oct. 8, 2002 | |
S092179
|
People v. Wutzke
Quasi-familial relationship does not make convicted child molester a 'relative' for sentencing purposes. |
Criminal Law and Procedure |
|
Oct. 8, 2002 | |
S095474
|
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 | |
S089120
|
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 | |
S018634
|
People v. Gutierrez
Convictions and death sentence for first-degree murder and other offenses are upheld. |
Criminal Law and Procedure |
|
Oct. 8, 2002 | |
01-15007
|
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 | |
01-16172
|
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 | |
01-55359
|
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 | |
01-56576
|
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 | |
01-55841
|
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 | |
01-56093
|
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 | |
01-50615
|
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 | |
01-1526
|
Profit v. Savage (In re Profit)
Modification to bankruptcy plan was invalid because it exceeded 60 months in duration. |
Bankruptcy |
|
Oct. 8, 2002 | |
01-1787
|
Simple Technology Inc. v. Densepac Microsystems Inc.
Order |
|
Oct. 7, 2002 | ||
01-1827
|
Face, VA Comm'r of Finance v. Nat. Home Eq. Mortgage
Order |
|
Oct. 7, 2002 | ||
01-9286
|
Varner v. Illinois
Order |
|
Oct. 7, 2002 |