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Name Category Published
Hambarian v. Superior Court of Orange County (People)
Aug. 6, 2002
Brandon H., a Minor
San Francisco County Juvenile Court must consider motion to withdraw plea in case that was transferred from another county.
Juveniles Aug. 6, 2002
Williams v. Swenson (In re Williams)
Bankruptcy court correctly relied upon state court's ruling even though it was on appeal.
Bankruptcy Aug. 5, 2002
Rios v. Rocha
Counsel's failure to interview more than one witness before abandoning mistaken identity defense to murder, constitutes unreasonable investigation and prejudices defendant.
Criminal Law and Procedure Aug. 5, 2002
Hysten v. Burlington Northern
Summary judgment is proper where plaintiff fails to make prima facie case of racial discrimination and retaliation.
Employment Law Aug. 5, 2002
Board of County Commissioners of Sweetwater County v. Geringer
County lacks standing as political subdivision to sue state because it is not trustee or beneficiary of trust.
Constitutional Law Aug. 5, 2002
Keller Cattle Co. v. Allison
Doctrine of laches will not preclude claim when complaining party did not unreasonably delay assertion of claim.
Civil Procedure Aug. 5, 2002
People v. Perea
Escape conviction is appropriate where defendant removed electronic monitoring device while on parole.
Criminal Law and Procedure Aug. 5, 2002
Crum v. April Corp.
Trial court did not err in instructing jury to apply reasonable person test to determine entitlement to finder's fee.
Contracts Aug. 5, 2002
Nichols v. Burlington Northern
Trial court erred in granting summary judgment against employee where facts could have supported claim for cumulative injury under FELA.
Torts Aug. 5, 2002
People v. Valdez
Double jeopardy violation did not occur where defendant suffered administrative penalties in addition to revocation of his youthful offender sentence.
Criminal Law and Procedure Aug. 5, 2002
Bazemore v. Colorado State Lottery Division
Where lottery statutes fail to provide complaint procedures, trial court erred in dismissing complaint for failure to exhaust administrative remedies.
Administrative Agencies Aug. 5, 2002
Frederick v. North American Resources Co.
Town may adopt regulations applicable to drilling of oil and gas wells that do not conflict with state laws.
Government Aug. 5, 2002
Joseph v. Viatica Management LLC
Investments in viatical settlements are contracts subject to regulation by securities commissioner.
Business Law Aug. 5, 2002
Timroth v. Oken
Treasurer's deed issued in relation to tax sale of mining claim is invalid when not issued in timely manner.
Real Property Aug. 5, 2002
Grange Insurance Association v. Hoehne
Anticipatory declaratory judgment is not available in absence of justiciable controversy.
Civil Procedure Aug. 5, 2002
Worley v. Board of County Commissioners of Park County
Order
Aug. 5, 2002
U.S. v. McDonald
Order
Aug. 5, 2002
Leanin' Tree, Inc. v. Thiele Technologies, Inc.
Order
Aug. 5, 2002
Walkner v. U.S.
Order
Aug. 5, 2002
U.S. v. Robertson
Order
Aug. 5, 2002
Mayberry v. Ward
Order
Aug. 5, 2002
Thompson v. Davis
Amended opinion
Aug. 5, 2002
Emmitt v. Snider
Order
Aug. 5, 2002
U.S. v. Hitchcock
Amended opinion
Aug. 5, 2002
Manis v. State of Oklahoma
Order
Aug. 5, 2002
People v. Bruce G.
Defendant convicted of lewd and lascivious acts on daughters may be eligible for probation.
Criminal Law and Procedure Aug. 5, 2002
People v. Julien
Disqualification of trial judge is not required based solely on his previous employment in district attorney's office.
Criminal Law and Procedure Aug. 5, 2002
Payton v. Woodford
Capital offense convictions are affirmed even though penalty phase is fundamentally unfair due to jury instruction regarding mitigating evidence.
Criminal Law and Procedure Aug. 4, 2002
Chelan County v. Nykreim
Application to adjust boundary line must be filed within statute of limitations established in Land Use Petition Act.
Real Property Aug. 2, 2002