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Name Category Published
People v. Abasta
Order
Feb. 21, 2002
People v. Sotello
Retrial on issue of prior strike is not barred when finding of true is unsupported by substanial evidence.
Criminal Law and Procedure Feb. 21, 2002
People v. Cox
Defendant willfully fails to register as sex offender because he had knowledge of registration requirement but forgot to do so.
Criminal Law and Procedure Feb. 21, 2002
Maldonado v. Superior Court (ICG Telecom Group Inc.)
Trial court should have granted parties' motion to compel further responses to discovery request when company's previous responses were inadequate.
Civil Procedure Feb. 21, 2002
Sandoval v. Bank of America
Court's erroneous answer to jury's causation inquiry was prejudicial and requires reversal.
Torts Feb. 21, 2002
Susag v. City of Lake Forest
Failure to show that conviction for resisting arrest was invalid precludes civil rights claim.
Civil Rights Feb. 21, 2002
Kirkland v. Superior Court (Guess? Inc.)
Testimony and documents given as part of investigation before SEC are not confidential, and thus discoverable in civil litigation.
Civil Procedure Feb. 21, 2002
Schubert v. Reynolds
Trust created by attorney-in-fact is declared invalid for changing decedent's beneficiaries without express authority to do so.
Probate and Trusts Feb. 21, 2002
People v. Bunn
Refiling provisions of child molestation law, which allow government to refile previously dismissed charges against defendant, don't violate separation of powers principles.
Criminal Law and Procedure Feb. 21, 2002
People v. Seneca Insurance Co.
Feb. 21, 2002
Stermer v. Board of Dental Examiners
Licensee who stipulates to disciplinary order based on criminal conviction cannot avoid order if conviction is vacated.
Administrative Agencies Feb. 21, 2002
BII Finance Co. v. U-States Forwarding Services Corp.
Carrier is liable for misdelivery of goods when released without requiring surrender of original bills of lading.
Contracts Feb. 21, 2002
Poole v. County of Otero
Defendant established facts sufficient to state claim that police engaged in retaliatory tactics to discourage him from pursuing legal action.
Civil Rights Feb. 21, 2002
Fireman's Fund Insurance Co.
City ordinance regulating cleanup of hazardous waste is not pre-empted by state or federal law.
Civil Procedure Feb. 21, 2002
U.S. v. Zuno-Arce
Order
Feb. 21, 2002
Alfrey v. United States
Wife of decedent may pursue claim that government negligently failed to perform 'Central Inmate Monitoring' evaluation.
Torts Feb. 21, 2002
Gaither v. Saffle
Order
Feb. 21, 2002
U.S. v. Wilson
Order
Feb. 21, 2002
O'Neal v. Barnhart
Order
Feb. 21, 2002
U.S. v. Torres
Order
Feb. 21, 2002
People v. Martinez
Evidence of prior sexual assaults is admissible to establish pattern or scheme to commit subsequent assault.
Criminal Law and Procedure Feb. 20, 2002
People v. Duke
Defendant terminated from community corrections is not entitled to counsel at resentencing proceeding.
Criminal Law and Procedure Feb. 20, 2002
People v. Ochoa-Magana
Trial court is not required to advise non-English speaking defendant that he can use official interpreter to communicate with his attorney.
Criminal Law and Procedure Feb. 20, 2002
Barnett v. Denver Publishing Co.
Substantial truth of statement in newspaper article was defense to defamation claim.
Torts Feb. 20, 2002
Duncan v. National Home Insurance Co.
Trial court may not add prejudgment interest to arbitration award where interest not sought during arbitration.
Civil Procedure Feb. 20, 2002
WI Dept. of Health & Family v. Blumer
Order
Feb. 20, 2002
People v. Seaney
Criminal defendant must receive adequate notice of mandatory period of parole.
Criminal Law and Procedure Feb. 20, 2002
Jones v. Ford
Termination of mechanic for failure to sell unnecessary services constituted wrongful discharge.
Employment Law Feb. 20, 2002
CAMAS Colorado, Inc. v. Board of County Commissioners
Colorado governmental immunity act does not protect governmental entities from contract-based claims.
Government Feb. 20, 2002
In re Ryan A.
Juvenile can commit intimidation even if intended victim did not feel threatened.
Criminal Law and Procedure Feb. 20, 2002