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State v. Flowers
Whether state can establish corpus delicti for attempt to elude without proving identity of perpetrator depends on facts of case.
Criminal Law and Procedure May 1, 2001
State v. Henderson
Plea agreement only binds prosecutor and accused; trial court isn't bound to agreement's recommendations.
Criminal Law and Procedure May 1, 2001
Vasquez v. Hawthorne
Community property rights afforded to heterosexual, quasi-marital relationships do not extend to same-sex relationships.
Probate and Trusts May 1, 2001
People v. Jones
For sentencing purposes, sex offenses occurred on single occasion if they were committed in close temporal and spatial proximity.
Criminal Law and Procedure May 1, 2001
Comedy III Productions Inc. v. Gary Saderup Inc.
Using deceased celebrity's image without consent, for the sole purpose of making money, is not protected speech.
Torts May 1, 2001
Teyssier v. City of San Diego
Rental unit business tax on property owners who rent their residential real estate is valid general excise tax.
Taxation May 1, 2001
Hunt v. Cromartie
District lines stretching and weaving to include predominately African-American regions while avoiding many close, more obvious Democratic regions will fewer African-Americans is unconstitutional.
Constitutional Law May 1, 2001
Atwater v. Lago
Order
May 1, 2001
Texas v. Cobb
Sixth Amendment right to counsel attaches at first indictment and to subsequent investigation where two offenses are factually interwoven.
Criminal Law and Procedure May 1, 2001
Day v. City of Fontana
Proposition 213, which bars uninsured motorists from recovery of noneconomic damages, may be applied retroactively.
Insurance May 1, 2001
U.S. v. Daniels
In the context of sentence enhancement, validity of prior convictions may only be collaterally challenged if deprivation of counsel alleged.
Criminal Law and Procedure May 1, 2001
State v. Demery
Audiotaped interview of defendant is admissible only if interviewing officer's statements are redacted from tape.
Criminal Law and Procedure May 1, 2001
Chaney v. Fetterly
Doctrine of exhaustion of administrative remedies does not apply where Superior Court and quasi-judicial administrative agency have concurrent original jurisdiction.
Civil Procedure May 1, 2001
Cotton v. City of Elma
Judge's failure to timely object to process that led to her replacement constitutes a waiver of all rights to challenge process.
Judges May 1, 2001
Hendrickson v. King County
No reversible error when trial court excludes evidence because party fails to file notice of intention to admit the documents into evidence.
Torts May 1, 2001
State v. Noel
Although court doesn't have authority to vacate misdemeanor convictions, it can prevent disclosure of conviction by sealing criminal records.
Criminal Law and Procedure May 1, 2001
Babcock v. Mason Co. Fire Dist. No. 6
Claim against fire district fails when complainants do not demonstrate that they have a special relationship between district.
Torts May 1, 2001
Guijosa v. Wal-Mart Stores Inc.
For purposes of detaining shoplifting suspect, reasonable time includes time to permit investigation by store security and police.
Torts May 1, 2001
State v. Huffmeyer
Time spent in proceedings on separate charge is included in speedy trial calculation when state fails to diligently bring accused to court.
Criminal Law and Procedure May 1, 2001
Ross v. State
Court cannot exclude evidence that less restrictive alternative to commitment would reduce accused's likeliness of reoffending when it is crucial evidence to valid defense.
Criminal Law and Procedure May 1, 2001
State v. Warfield
Accuseds' erroneous belief that they have authority to arrest individual does not transform conduct into crime of unlawful imprisonment.
Criminal Law and Procedure May 1, 2001
Demont v. Mehlenbacher
Court remands to determine the extent to which two actions, which were later severed, were intertwined for purposes of attorney fees.
Civil Procedure May 1, 2001
Washington v. Chapple
Courtroom Trial court does not abuse its discretion by excluding accused from courtroom for disruptive behavior.
Criminal Law and Procedure May 1, 2001
State v. Avery
Motorist who was not under suspicion for driving under the influence is not entitled to warning prior to blood test.
Criminal Law and Procedure May 1, 2001
State v. Russell
Evidence of convictions more than 10 years ago must be more probative than prejudicial to be considered in non-persistent offender sentencing.
Criminal Law and Procedure May 1, 2001
State v. Side
Comments made by defendant during anger management counseling that threatened judge are punishable as crime.
Criminal Law and Procedure Apr. 30, 2001
State v. Chandler
In juvenile cases, adjudicatory hearings must be held within 60 days of arraignment or the charges shall be dismissed with prejudice.
Criminal Law and Procedure Apr. 30, 2001
Allstate Insurance Co. v. King
Homeowner's insurance does not cover injuries inflicted by policyholder who fatally shot neighbors.
Insurance Apr. 30, 2001
In re Brown
Conviction and death sentence affirmed where petitioner did not show ineffective assistance of counsel, new evidence or constitutional violations.
Criminal Law and Procedure Apr. 30, 2001
Brown v. Hauge
Landlord has no duty to change height of doorsill when it is not unsafe condition.
Real Property Apr. 30, 2001