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Name Category Published
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Subjects of documentary television show have claims for intrusion but not for publication of private facts.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
People v. Mendoza
Requested intoxication instruction must be given if evidence of intoxication is admissible to show intent.
Criminal Law and Procedure Apr. 18, 2001
Image Technical Services Inc. v. Eastman Kodak Co.
Monopolist's goal to exclude others from copyrighted work raises rebuttable justification presumption for refusal to deal.
Antitrust Apr. 18, 2001
People v. Carpenter
Failure to give 'cautionary instruction' regarding evidence of statements made by defendant was harmless error.
Criminal Law and Procedure Apr. 18, 2001
People v. Acuna
Preliminary injunction enjoining gang members from associating with each other isn't invalid on associational grounds.
Constitutional Law Apr. 18, 2001
People v. Bradford
Death sentence is upheld for murder and rape despite reversal of robbery conviction and sentence.
Criminal Law and Procedure Apr. 18, 2001
Morrison Knudsen Corporation v. Fireman's Fund Insurance Company
Use of general-verdict form, where one of two or more damages issues were erroneously submitted to jury, requires retrial on damages.
Contracts Apr. 18, 2001
Gilbrook v. City of Westminster
Amended opinion
Labor Law Apr. 18, 2001
People v. Earp
Comments on defendant's failure to discuss case with family and friends before being advised of right to remain silent are permissible.
Criminal Law and Procedure Apr. 18, 2001
People v. Smithey
Repeated questioning of defendant's psychiatric expert as to whether defendant had the requisite intent did not amount to prosecutorial misconduct.
Criminal Law and Procedure Apr. 18, 2001
Hooks v. Ward
Where defendant alleges ineffective assistance of counsel in death penalty case, state can have district court consider whether procedural bar defense applies.
Criminal Law and Procedure Apr. 18, 2001
Carmell v. State
Defendant's convictions that are not corroborated by other evidence cannot be sustained under ex post facto clause.
Criminal Law and Procedure Apr. 18, 2001