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Professional Engineers in California Government v. Dept. of Transportation
Statute permitting state to hire private entities for services normally performed by state workers is invalid.
Government Apr. 18, 2001
Idaho v. Coeur d'Alene Tribe of Idaho
'Young' doctrine provides no relief from Eleventh Amendment bar to tribe's suit against state officials.
Native American Affairs Apr. 18, 2001
Washington v. Glucksberg
Washington state's bar against assisted suicide doesn't violate due process.
Criminal Law and Procedure Apr. 18, 2001
People v. Ochoa
Sympathy for defendant's family isn't an independent mitigating factor in penalty phase of capital trial.
Criminal Law and Procedure Apr. 18, 2001
People v. Breverman
Failure to instruct jury on lesser included offenses is only reversible error if it causes miscarriage of justice.
Criminal Law and Procedure Apr. 18, 2001
Stirling v. Jones
Proposed ballot designation of 'Chief Deputy Attorney-General' complies with three-word limit.
Government Apr. 18, 2001
Robbins on Habeas Corpus
To avoid bar for untimely claim, petitioner must prove no substantial delay, good cause for delay, or exception to bar.
Criminal Law and Procedure Apr. 18, 2001
People v. Frye
Defendant has no affirmative right to be absent from trial or to avoid witnesses against him.
Criminal Law and Procedure Apr. 18, 2001
People v. Greenberger
Defendant's declarations against interest are admitted into joint trial without denying codefendant's confrontation right.
Criminal Law and Procedure Apr. 18, 2001
People v. Flood
Jury instructions removing element of crime from jury's consideration are constitutionally erroneous but harmless.
Criminal Law and Procedure Apr. 18, 2001
Clinton v. City of New York
Line Item Veto Act is unconstitutional.
Constitutional Law Apr. 18, 2001
Eastern Enterprises v. Apfel
Statute requiring former coal producer to contribute to benefits fund for former employees is unconstitutional.
Constitutional Law Apr. 18, 2001
O'Connor v. Superior Court (People)
Good faith exception applies to requirement that warrant be issued by neutral and detached magistrate.
Criminal Law and Procedure Apr. 18, 2001
Shulman v. Group W Productions Inc.
Subjects of documentary television show have claims for intrusion but not for publication of private facts.
Torts Apr. 18, 2001
People v. Millwee
Juror's emotionally distraught state doesn't rise to level of mental incompetence necessary to overturn verdict.
Criminal Law and Procedure Apr. 18, 2001
State of New Jersey v. State of New York
New Jersey has sovereign authority over filled lands added to Ellis Island after 1834.
Government Apr. 18, 2001
People v. Musselwhite
Jury instruction given over defendant's requested instruction regarding defendant's mental capacity to commit murder is adequate.
Criminal Law and Procedure Apr. 18, 2001
People v. Venegas
Failure to follow correct procedure in determining statistical probability of random DNA match is prejudicial error.
Criminal Law and Procedure Apr. 18, 2001
Curran v. Mount Diablo Council of the Boy Scouts of America
Boy Scouts aren't 'business establishment' whose membership policies are subject to Unruh Civil Rights Act.
Civil Rights Apr. 18, 2001
Aerojet-General Corp. v. Transport Indemnity Co.
Site investigation expenses can constitute defense costs insurer must incur in fulfilling duty to defend.
Insurance Apr. 18, 2001
People v. Menendez
Opinion
Criminal Law and Procedure Apr. 18, 2001
Cates Construction, Inc. v. Talbot Parnters
Surety's liability Is Co-extensive with principal and can include breaching covenants implied in bond.
Torts Apr. 18, 2001
People v. Hines
Court lacks authority to reduce death sentence simply because it disagrees with the jury's determination.
Criminal Law and Procedure Apr. 18, 2001
People v. Williams
No prejudicial errors are found in defendant's conviction and death sentence for gang-related murder.
Criminal Law and Procedure Apr. 18, 2001
Coalition for Economic Equity v. Wilson
Probability of success on merits requires preliminary injunction precluding enforcement of anti-affirmative action law.
Civil Rights Apr. 18, 2001
American Academy of Pediatrics v. Lungren
Statute prohibiting minors from obtaining abortions without parental consent or judicial authorization violates right of privacy.
Constitutional Law Apr. 18, 2001
People v. Bradford
Even though defendant representing himself didn't utilize mitigating evidence, death penalty is justified.
Criminal Law and Procedure Apr. 18, 2001
City Carmel-by-the-Sea v. U.S. Dept. of Transportation
Lead agency can designate specific proposal as project goal in section of environmental impact statement/report.
Environmental Law Apr. 18, 2001
People v. Samayoa
Death sentence is warranted for defendant's murder of woman and child who lived across street.
Criminal Law and Procedure Apr. 18, 2001
Stevenson v. Superior Court (Huntington Memorial Hospital)
Employee can assert tort action for wrongful discharge against employer with five or more workers.
Employment Law Apr. 18, 2001