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People v. Legault
Defendant who pleaded no contest prior to enactment of Proposition 36 is not entitled to its benefits upon probation violation.
Criminal Law and Procedure Feb. 20, 2002
In re Se. T.
Notice requirement of Indian Child Welfare Act is met by notifying Bureau of Indian Affairs for minors with vague tribal designation.
Native American Affairs Feb. 20, 2002
People v. Cooper
Trial court's restriction of presentence credits for convicted murderer did not circumvent intent of Briggs Initiative.
Criminal Law and Procedure Feb. 20, 2002
Ferguson v. Friendfinders Inc.
Feb. 20, 2002
People v. Mason
Court properly imposed separate sentence enhancements for firearm use during robbery and murder.
Criminal Law and Procedure Feb. 20, 2002
Marriage of Thornton
Husband had no obligation to continue spousal support when ex-wife remarried.
Family Law Feb. 20, 2002
Redevelopment Agency of the City of Chula Vista v. Rados Bros.
Acquisition of property for redevelopment of blighted area is a public use.
Real Property Feb. 20, 2002
Lynch v. Warwick
Criminal defendant suing attorney must prove actual innocence of underlying charges.
Attorneys Feb. 20, 2002
Hartwell Corp. v. Superior Court (Santamaria)
Public Utilities Commission has exclusive jurisdiction over tort cases against regulated utilities but not over cases against companies not regulated by commission.
Torts Feb. 19, 2002
Bills v. United States Fidelity & Guaranty Co.
Uninsured motorist coverage for mobile equipment can be imputed to commercial general liability policy.
Insurance Feb. 19, 2002
Entrepreneur Media Inc. v. Smith
Despite registered trademark status of magazine 'Entrepreneur,' exclusive appropriation of the term is not permitted for other mediums.
Intellectual Property Feb. 19, 2002
Best Life Assurance Co. of Calif. v. Commissioner of Internal Revenue
'Unpaid losses,' as used in connection with insurance companies in the tax code, does not include accrued unpaid losses.
Taxation Feb. 19, 2002
Branco v. UFCW-Northern California Employers Joint Pension Plan
Payments to predeceased former spouse's heirs are not permitted under ERISA anti-alienation provision.
Employment Law Feb. 19, 2002
U.S. v. Shell Oil Co.
Federal government is not liable for cleanup costs for contamination because it did not 'arrange' dumping activity.
Environmental Law Feb. 19, 2002
U.S. v. Varela-Rivera
Defendant's convictions are reversed because court erred in admitting expert testimony regarding modus operandi of drug trafficking enterprises and drug courier fees.
Criminal Law and Procedure Feb. 19, 2002
United Dairymen of Arizona v. Veneman
Milk producers don't have standing to challenge producer-handler exemption under Agricultural Marketing Agreement Act.
Administrative Agencies Feb. 19, 2002
Wyatt v. Hubbard
Dismissal of equal protection claim is improper because defense has burden to show affirmative defense of prison inmate's failure to exhaust appeals.
Civil Procedure Feb. 19, 2002
U.S. v. Robles-Rodriguez
State drug conviction for which probation is maximum penalty is not aggravated felony triggering federal sentence enhancement.
Criminal Law and Procedure Feb. 19, 2002
Natural Resource Defense Council v. EPA
EPA erred in not affording notice and soliciting comments when final permit fundamentally differed from draft permit.
Environmental Law Feb. 19, 2002
Olson v. City of Golden
Urban renewal authority is not subject to provisions of TABOR.
Constitutional Law Feb. 19, 2002
People v. Perry
Attorney's failure to convey plea offer did not constitute ineffective assistance of counsel.
Criminal Law and Procedure Feb. 19, 2002
People v. Richardson
Denial of challenges for cause was appropriate where jurors indicated they could be impartial.
Criminal Law and Procedure Feb. 19, 2002
People v. Hayward
Jury instruction concerning 'make my day' law is appropriate where defendant claims self-defense.
Criminal Law and Procedure Feb. 19, 2002
Marriage of Mitchell
Action to enforce attorney's lien is barred by statute of limitations.
Civil Procedure Feb. 19, 2002
Trinen v. City and County of Denver
Denver ordinance restricting concealed weapons did not violate Colorado constitutional right to bear arms.
Constitutional Law Feb. 19, 2002
Hart v. Hart
Feb. 19, 2002
West v. Saffle
Order
Feb. 19, 2002
U.S. v. Henry
Order
Feb. 19, 2002
Brown v. Butler
Order
Feb. 19, 2002
Miller v. Cockrell
Order
Feb. 19, 2002