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U.S. v. Granville
Evidence discovered by officers who violated 'knock and announce' statute by prematurely breaking down suspect's door should be suppressed.
Criminal Law and Procedure Aug. 31, 2000
Barapind v. Reno
Board of Immigration Appeals may hold alien's asylum in abeyance pending completion of extradition proceedings.
Immigration Aug. 31, 2000
McLean v. Runyon
U.S. Postal Service must include vacant positions with equivalent level of pay to current position when reassigning disabled worker to equivalent job.
Employment Law Aug. 31, 2000
Laura F., a Minor
Indian Child Welfare Act's full faith and credit provision doesn't require court's adherence to tribal resolution that adoption isn't in child's best interest.
Native American Affairs Aug. 31, 2000
State v. Superior Court (Bolduc)
Medic-Cal beneficiaries are not entitled to recover 'excess' money recovered by State of California from tobacco litigation.
Administrative Agencies Aug. 31, 2000
Reed v. Pacificare of California
Review granted
Aug. 31, 2000
Goffney v. Family Savings and Loan Assoc.
Statute permits a nonjudicial foreclosure sale to be conducted on the seventh day after termination of a court order precluding the sale.
Real Property Aug. 31, 2000
Karris v. Abu-Hamdeh
Order
Aug. 31, 2000
Bakall v. San Diego County Water Authority
Order
Aug. 31, 2000
Anderson v. State of California
Order
Aug. 31, 2000
In re Rodriguez
Counsel's motion to withdraw guilty plea, causing enhanced sentencing, is not ineffective assistance when court could vacate plea on its own.
Criminal Law and Procedure Aug. 31, 2000
Arizona Department of Revenue v. Care Computer Systems Inc.
Sufficient nexus exists between Washington corporation's business activities and Arizona that justifies Arizona imposing retail transaction privilege tax.
Taxation Aug. 30, 2000
Moretto v. Samaritan Health System
Separate back injury incurred while employee is receiving physical therapy for industrial knee injury is compensable under Workers' Compensation Act.
Employment Law Aug. 30, 2000
State v. Thompson
Prior felony convictions are not 'historical prior felonies' when accused is not sentenced on priors before commit-ting present offense.
Criminal Law and Procedure Aug. 30, 2000
U.S. v. Ceron-Sanchez
Aggravated felony qualifies as crime of violence for purpose of increasing base level offense in sentencing convicted illegal alien.
Criminal Law and Procedure Aug. 30, 2000
U.S. v. Andra
Tax liabilities of individuals advised to illegally evade tax assessment and collection are properly included in calculation of tax loss for sentencing purposes.
Criminal Law and Procedure Aug. 30, 2000
Park Central Mall v. Maricopa County
Tax Assessor is bound by assessment correction procedures he chose even though notice was premature and therefore invalid.
Taxation Aug. 30, 2000
Shane B., a Minor.
Prohibition against retroactive application of law does not apply when law is purely procedural.
Criminal Law and Procedure Aug. 30, 2000
People v. Rathert
Review granted
Criminal Law and Procedure Aug. 30, 2000
U.S. v. Poehlman
Government entraps one who is not predisposed to engaging in sex with minors when government induces person through protracted, aggressive e-mail.
Criminal Law and Procedure Aug. 30, 2000
U.S. v. Campos
Unstipulated polygraph evidence concerning defendant's mental state is inadmissible when it involves ultimate issue of mens rea.
Criminal Law and Procedure Aug. 30, 2000
U.S. v. Benavidez
If unstipulated polygraph evidence is more prejudicial than probative and without further evidentiary analysis, it is properly excluded.
Criminal Law and Procedure Aug. 30, 2000
Johnson v. Lewis
Prisoners who challenge the conditions of their confinement under the Eighth Amendment must show objective and subjective deprivation of their rights.
Constitutional Law Aug. 30, 2000
Radici v. Associated Insurance Cos.
The Consolidated Omnibus Budget Reconciliation Act provisions of the Public Health Services Act do not preempt state benefit laws.
Employment Law Aug. 30, 2000
U.S. v. Smith
Court's refusal to give jury instruction regarding the defense theory and prosecutor's misstatement of law is grounds for reversal.
Criminal Law and Procedure Aug. 30, 2000
U.S. v. Williams
Court may consider actions as relevant for sentencing purposes that my be barred from prosecution under the statute of limitations.
Criminal Law and Procedure Aug. 30, 2000
Andrews v. Superior Court (Thomas)
Court cannot order counsel to pay both sanctions and client's share of discovery referee's fee when not authorized by statue.
Civil Procedure Aug. 30, 2000
People v. Hall
Prosecutorial misconduct is found when prosecutor tells jury what testimony of uncalled witness would have been during closing argument.
Attorneys Aug. 30, 2000
Shaffery v. Wilson, Elser, Moskowitz, Edelman & Dicker LLP
Lawyer whose fees are paid by client's insurer may not seek indemnity from lawyers retained by insurer to monitor same case.
Attorneys Aug. 30, 2000
People v. Mooc
Cross examination about absent third party's statements and failure to divulge officer's entire personnel record result in unfair trial.
Criminal Law and Procedure Aug. 30, 2000