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Name Category Published
Marriage of Dorman
Court's modification of custody order will not be reversed for noncompliance with state law procedures absent showing of prejudice.
Family Law Sep. 5, 2000
Isbell v. Maricopa County
County breaches its duty to maintain safe roads by failing to follow up on its request that improvements be installed.
Torts Sep. 5, 2000
Isbell v. State
Court did not err in admitting into evidence Arizona Corporation Commission order that identified unsafe railroad crossing.
Civil Procedure Sep. 5, 2000
Murcott v. Best Western International Inc.
Employer is liable when company directors testified that employee's whistleblowing activities motivated discharge.
Employment Law Sep. 5, 2000
State v. O'Meara
'Totality of the circumstances' for purpose of determining reasonable suspicion means looking at whole picture and not each individual factor.
Criminal Law and Procedure Sep. 5, 2000
Estate of McGuigan
Niece's failure to specify decedent's son in petition to claim escheated estate constitutes extrinsic fraud sufficient to set aside order of distribution.
Probate and Trusts Sep. 5, 2000
U.S. v. Hursh
Court upholds drug conviction when accused is in possession of a substantial quantity of narcotics.
Criminal Law and Procedure Aug. 31, 2000
Leibowitz v. County of Orange
Absent parent owing money to county for child support payments may not discharge such debt in bankruptcy.
Bankruptcy Aug. 31, 2000
U.S. v. Sauza-Martinez
Defendant's right to a fair trial impinged when court fails to give jury limiting instructions regarding codefendant's post-arrest statement.
Criminal Law and Procedure Aug. 31, 2000
U.S. v. Daniel
Due Process is satisfied when oral findings are made on record in support of decision to revoke supervised release.
Criminal Law and Procedure Aug. 31, 2000
United States v. Garza-Sanchez
Immigration Judge does not have duty to advise respondent of potential constitutional challenges to immigration laws.
Immigration Aug. 31, 2000
Association of American Medical Colleges v. United States
Medical associations' challenge to audits of Medicare billing practices is not ripe for adjudication when there has been no final agency action.
Civil Procedure Aug. 31, 2000
Sigman v. United States
Federal government may be sued for negligence for giving killer, who was known to be dangerous, honorable discharge from military.
Government Aug. 31, 2000
Bishop Creek Lodge v. Scira
Trial court's interlocutory order denying enforcement of restrictive covenant is not appealable.
Civil Procedure Aug. 31, 2000
People v. Jones
Result-based felony cannot predicate felony murder since specific intent to commit felony is not present.
Criminal Law and Procedure Aug. 31, 2000
People v. Beltran
Great bodily injury sentence enhancement is not applicable when great bodily injury is element of underlying felony.
Criminal Law and Procedure Aug. 31, 2000
Louise Gardens of Encino Homeowners' Assn. Inc. v. Truck Insurance Exchange
Arbitration decisions resulting from failure to follow guidelines proscribed by policy may be overturned if timely challenged.
Insurance Aug. 31, 2000
Bell v. Vista Unified School District
High School coach entitled to 24-hour notice of meeting that will determine discipline for adverse finding that amounts to complaint or charge.
Government Aug. 31, 2000
Kristina M., a Minor
Court can join agency in dependency matter when agency fails to meet legal obligation to provide minor with services.
Juveniles Aug. 31, 2000
People v. Pacific Gaming Technologies
Calling card vending machine meets statutory definition of illegal slot machine and fails to qualify for exemption.
Gaming Aug. 31, 2000
Winikow v. Superior Court of Los Angeles (Kathleen Schreoeder and Haight, Brown & Bonesteel)
Sanctions not proper against attorney who gives formal notice to opposing party.
Attorneys Aug. 31, 2000
People v. Brown
Jury instruction that 'possession of contraband is not unlawful if possession is solely for purpose of disposal' does not apply to incarcerated inmates.
Criminal Law and Procedure Aug. 31, 2000
People v. Perez
Confrontation clause is not violated when witness testifies she cannot recall events and prior contrary statements are admitted.
Criminal Law and Procedure Aug. 31, 2000
Pichardo v. INS
Alien must have intent to engage in drug trade before being deported for drug trafficking.
Immigration Aug. 31, 2000
U.S. v. Mezas de Jesus
Clear and convincing evidence standard applies when sentence enhancement is based on uncharged offense.
Criminal Law and Procedure Aug. 31, 2000
Navas v. INS
Murders of family members for political reasons establishes statutory eligibility for asylum when persecutors know of petitioner's similar political activities.
Immigration Aug. 31, 2000
Lajoie v. Thompson
Sixth Amendment right to confrontation and compulsory process is violated when evidence of minor victim's prior sexual abuse by others is disallowed.
Criminal Law and Procedure Aug. 31, 2000
Abkco Music Inc. v. LaVere
1997 amendment to Copyright Act applies retroactively to pending cases.
Intellectual Property Aug. 31, 2000
Laurence v. Pacific Gas and Electric Co.
Order
Aug. 31, 2000
Hernandez-Montiel v. INS
Gay man who dresses as woman is granted asylum because he has well-founded fear of persecution in Mexico.
Immigration Aug. 31, 2000