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Name Category Published
Bresson v. Commissioner of Internal Revenue
State does not have power to set limitations period on claims acquired by United States in its governmental capacity. 		Government Aug. 5, 2000
Daviton v. Columbia/HCA Healthcare Corp.
Order 		Aug. 5, 2000
U.S. v. Wallace
Evidence wrongfully suppressed when obtained pursuant to consent of driver lawfully stopped for traffic violation. 		Criminal Law and Procedure Aug. 5, 2000
Castillo-Perez v. INS
Alien entitled to relief from deportation is not preclued from applying for it by failing to meet formal administrative pleading and proof requirements. 		Immigration Aug. 5, 2000
U.S. v. Juvenile Male
Mistake of age is no defense when charged with engaging in sexual act with person under 12 years old. 		Juveniles Aug. 5, 2000
Avetova-Elisseva v. INS
In asylum proceedings, well-founded fear of persecution, if supported by substantial evidence, may justify granting asylum or withholding of deportation. 		Immigration Aug. 5, 2000
Tuan Van Tran v. Lindsey
Under Antiterrorism and Effective Death Penalty Act, federal court must apply clearly erroneous standard when reviewing habeas petitioner's challenge. 		Criminal Law and Procedure Aug. 5, 2000
Jankey v. Twentieth Century Fox Film Corp.
Certain categories of facilities are exempt from compliance with Americans with Disabilities Act if they are not open to general public. 		Civil Rights Aug. 5, 2000
United States v. Pacheco-Medina
Evidence of entry is required to support conviction for federal crime of being found in United States following deportation. 		Immigration Aug. 5, 2000
Sulit v. Schiltgen
Immigration and Naturalization Services' failure to follow its own procedural rules for rescinding an individual's adjustment of status does not preclude deportation. 		Immigration Aug. 5, 2000
Maini v. INS
Asylum seekers from interfaith family prove past persecution on account of religion even though persecutors are from multi-religious political party. 		Immigration Aug. 5, 2000
People v. Brewer
Officer's attempt to obtain consent to search does not require Miranda warning, whether or not defendant is in custody. 		Criminal Law and Procedure Aug. 5, 2000
Naegele v. R.J. Reynolds Tobacco Co.
Individuals diagnosed with lung cancer before statute gave right to sue cannot maintain tort action against tobacco manufacturers. 		Torts Aug. 5, 2000
Ball v. GTE Mobilnet of California
Federal Communications Act of 1995 pre-empts state-law challenges to noncommunication air time cellular charges. 		Administrative Agencies Aug. 5, 2000
U.S. v. Wallace
Evidence wrongfully suppressed when obtained pursuant to consent of driver lawfully stopped for traffic violation. 		Criminal Law and Procedure Aug. 5, 2000
Mendenhall v. National Transportation Safety Board
Under Equal Access to Justice Act, government's bad faith isn't adequate basis for market-rate reimbursement of attorney fees incurred in administrative hearings. 		Civil Procedure Aug. 5, 2000
Lindstrom v. The Hertz Corporation
Car rental company does not have duty to determine lessee's familiarity with California's traffic rules. 		Torts Aug. 5, 2000
Coady v. Commissioner of Internal Revenue
Plaintiff cannot avoid taxation of recovery for back pay and benefits by diverting it to counsel as contingency fee. 		Taxation Aug. 5, 2000
Dunleavy v. Nadler
In class action, proposed settlement filed before Private Securities Litigation Reform Act's effective date may be reviewed under methodology mandated by statute. 		Securities Aug. 5, 2000
Escobar-Grijalva v. INS
Failure to allow alien to select her own counsel during asylum hearing violates due process. 		Immigration Aug. 5, 2000
Estate of Burdette
Will can be admitted to probate where subscribing witness who is unavailable submits transcripts of testimony given under oath. 		Probate and Trusts Aug. 5, 2000
People v. Gaio
Bribery offense does not require proof that payments be made in exchange for, or to influence, specific official acts. 		Criminal Law and Procedure Aug. 5, 2000
People v. Channing
Officer's observation of marijuana plants from outside the curtilage of defendant's home not a warrantless search. 		Criminal Law and Procedure Aug. 5, 2000
People v. Elsey
Entry into separate rooms largely located in different buildings constitutes separate burglaries. 		Criminal Law and Procedure Aug. 5, 2000
Dolan-King v. Rancho Santa Fe Association
Reasonableness of restrictive covenant is measured by looking at the goals and concerns of the entire development not the individual homeowner. 		Real Property Aug. 5, 2000
Krusi v. S.J. Amoroso Construction Co. Inc.
Once cause of action in favor of prior owner of real property accrues, subsequent owner cannot collect against architect or contractor for same damages. 		Constitutional Law Aug. 5, 2000
Avetova-Elisseva v. INS
In asylum proceedings, well-founded fear of persecution, if supported by substantial evidence, may justify granting asylum or withholding of deportation. 		Immigration Aug. 5, 2000
Jang v. State Farm
Complaint alleging insurer bad faith and civil conspiracy during settlement negotiations is an action under the policy and therefore time-barred. 		Civil Procedure Aug. 4, 2000
Pacific Indemnity Co. v. Bellefonte Ins. Co.
When policies have competing 'excess only' and 'pro rate' clauses, loss is prorated between insurers. 		Insurance Aug. 4, 2000
People v. Guzman
Prosecutor's comments about defendant's failure to testify are not harmless beyond reasonable doubt. 		Criminal Law and Procedure Aug. 4, 2000
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