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Name Category Published
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
County of Los Angeles v. Superior Court (Axelrad)
Prior discovery rulings do not prevent disclosure of documents under California Public Records Act petition when elements of collateral estoppel not present. 		Civil Procedure Aug. 30, 2000
People v. Matelski
Warrant to search for contraband founded on probable cause implicitly carries with it limited authority to detain occupants of premises while proper search is conducted. 		Criminal Law and Procedure Aug. 30, 2000
People v. Frawley
Dismissal of a prior conviction is not an expungement and doesn't prevent ex-felon from being prosecuted for possession of nonconcealable firearm. 		Criminal Law and Procedure Aug. 30, 2000
Greenfield v. Fritz Companies, Inc.
Shareholders can recover damages for fraud when misrepresentations induce forbearance. 		Corporations Aug. 30, 2000
Martinez v. Bank of America National Trust & Savings Assn.
Banks have duty to inspect and remedy defects on property obtained through foreclosure if it has actual knowledge and ability to prevent foreseeable harm. 		Real Property Aug. 30, 2000
Martinez v. Bank of America National Trust & Savings Assn.
Banks have duty to inspect and remedy defects on property obtained through foreclosure if it has actual knowledge and ability to prevent foreseeable harm. 		Real Property Aug. 30, 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. 30, 2000
Metropolitan Philip v. Steiger
Trial court must abide by ecclesiastical authority's ruling on dispute between two church factions. 		Civil Procedure Aug. 30, 2000
West Shield Investigations and Security Consultants v. Superior Court (Eymil)
Statute of limitations begins to run on date minor is emancipated, not when minor turns 18. 		Family Law Aug. 30, 2000
People v. Downey Jr.
Trial court may deny reinstatement of probation so long as decision does not exceed the bounds of reason. 		Criminal Law and Procedure Aug. 30, 2000
People v. Hsu
Statute regulating transmission of lewd materials to minors via Internet does not violate commerce clause or First Amendment. 		Constitutional Law Aug. 30, 2000
Katheryn S., a Minor
Hearing terminating parental rights violates due process rights when indigent mother is not represented by counsel. 		Family Law Aug. 30, 2000
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