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People v. Ramirez
Jury instruction adequately explained elements necessary for burglary conviction.
Criminal Law and Procedure May 7, 2001
Herrera v. Industrial Claim Appeals Office
Claimant not entitled to unemployment compensation during summer break between two academic periods.
Employment Law May 7, 2001
People v. Martinez
Statements made by assault victim admissible under excited utterance exception to hearsay rule.
Criminal Law and Procedure May 7, 2001
People v. Cervantes
Review granted
Criminal Law and Procedure May 7, 2001
Colorado Department of Revenue v. Cray Computer Corp.
Taxpayer who purchases used business machinery for use in enterprise zone may receive sales tax exemption for purchase price up to $150,000.
Taxation May 7, 2001
Feigin v. Alexa Group
Investors cannot intervene in civil enforcement action brought by Colorado Security Commissioner when their ability to protect own interests is not impaired.
Securities May 7, 2001
State v. Coria
Defendant who damaged marital property cannot be convicted of malicious mischief.
Criminal Law and Procedure May 7, 2001
State v. Red
Defendant on trial for attempted murder is not entitled to jury instruction regarding attempted manslaughter.
Criminal Law and Procedure May 7, 2001
State v. Delgado
Witness who refuses to answer self-incriminating questions is not required to invoke privilege for each question.
Criminal Law and Procedure May 7, 2001
People v. Brazzel
Supreme court reverses suppression order so trial court can make additional findings as to whether defendant voluntarily consented to search of home.
Criminal Law and Procedure May 7, 2001
State v. Gibson
Officer did not conduct unreasonable, warrantless search where defendant was under the influence of marijuana and minor children were present.
Criminal Law and Procedure May 7, 2001
State v. Donahue
Results of blood-alcohol test taken in Oregon are admissible in Washington because they didn't violate Oregon's physician-patient privilege.
Criminal Law and Procedure May 7, 2001
People v. Morrison
Defendant does not have to use preemptory strike against objectionable juror to preserve claim that right to fair trial violated.
Criminal Law and Procedure May 7, 2001
U.S. v. Velarde-Gomez
In federal criminal prosecution, prosecutor may elicit testimony and comment on demeanor of arrestee who has not received Miranda warning.
Criminal Law and Procedure May 7, 2001
Welch v. George
Claim under Colorado's No-Fault Insurance Act must establish that injured spouse suffered damages serious enough to meet Act's threshold requirements.
Torts May 7, 2001
U.S. v. Lewis
Violation of Oklahoma hunting law is sufficient basis on which to bring federal wildlife protection prosecution.
Environmental Law May 7, 2001
U.S. v. Tam
Prosecution commits harmless error by suggesting jury use secret ballot to select foreperson.
Criminal Law and Procedure May 7, 2001
Phoenix Inc. v. Nugent (In re Betacom of Phoenix Inc.)
Claim against bankruptcy estate is subordinated because it involves purchase and sale of securities.
Bankruptcy May 7, 2001
Theis Research v. Brown & Bain
Motion to vacate arbitration award no longer needs to be heard in same location as arbitration to comply with venue laws.
Civil Procedure May 7, 2001
Weitzel v. Division of Occupational
Abstention by federal court was proper in revocation of medical license case where physician's claim was still pending in state court.
Civil Procedure May 7, 2001
Swenson v. County of Los Angeles
Order
May 7, 2001
A.D. Store Co. v. Executive Director of the Department of Revenue
Alterations performed by retail clothing store on clothing purchased off rack are not taxable under applicable sales tax statute.
Taxation May 7, 2001
Gerling Global REinsurance Corp. of America v. Low
Injunction against enforcing Holocaust Victim Insurance Relief Act is upheld, but act doesn't violate commerce clause or foreign affairs power.
Insurance May 7, 2001
Trigalet v. City of Tulsa
Absent constitutional violation by officers whose conduct caused plaintiff's injuries, there can be no municipality liability based on its policies.
Civil Rights May 7, 2001
Stuhlbarg International Sales Co. Inc. v. John D. Brush and Co. Inc.
Court does not abuse discretion in issuing preliminary injunction when there is likelihood of success on merits and possibility of irreparable harm.
Civil Procedure May 7, 2001
Carson Harbor Village v. Unocal Corp.
Order
May 7, 2001
Lee v. County of Los Angeles
Incarceration of mentally disabled man negligently identified as fugitive is violation of due process and right to familial association.
Constitutional Law May 7, 2001
Textile Unlimited Inc. v. A. BMH and Co. Inc.
Federal Arbitration Act does not require venue in contractually-designated arbitration locale for suit to enjoin arbitration.
Civil Procedure May 7, 2001
The Honorable Bob Schaeffer v. Clinton
Congressman lacks standing to challenge congressional cost of living adjustment increases in salary as violation of 27th Amendment.
Civil Procedure May 7, 2001
Qwest Communications Int'l Inc. v. FCC
Phone company has no standing to challenge FCC orders pertaining to number portability.
Civil Procedure May 7, 2001