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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 Jun. 30, 2000
Marriage of Terry
Spousal award must be terminated when recipient spouse's financial status exceeds that of supporting spouse.
Family Law Jun. 30, 2000
Mack v. Soung
Doctor is not exempt from suit under Elder Abuse Act.
Torts Jun. 30, 2000
Balasubramanian v. San Diego Community College District
Additional substitute assignments that exceed job description do not entitle temporary professor to contract-professor status.
Education Jun. 30, 2000
People v. Riel
Evidence is sufficient to uphold death sentence for first-degree murder conviction.
Criminal Law and Procedure Jun. 30, 2000
In re A.C., a minor
Only minor named in petition may authorize destruction of any portion of her juvenile court file.
Juveniles Jun. 30, 2000
Tedori v. United States
Interest on deferred tax liability related to interest charge domestic international sales corporation is not deductible as business expense or investment interest.
Taxation Jun. 30, 2000
Tenet/Centinela Hospital Medical Center v. Rushing
Labor Code Sections 4061 and 4602 apply when switching doctors if treating physician discharges patient.
Workers' Compensation Jun. 30, 2000
Rick's Electric Inc. v. California Occupational Safety and Health Appeals Board
Employer's knowledge of unsafe or hazardous condition, coupled with failure to attempt correction of it, constitutes willfulness under Cal. OSHA regulations.
Labor Law Jun. 30, 2000
Johnson v. Superior Court
Sperm donor confidentiality agreement precludes disclosure of donor information in all circumstances contrary to public policy
Civil Procedure Jun. 30, 2000
Keller v. Chowchilla Water District
Pre-existing standby charge imposed by water district for water purchase is exempt from assessment procedures of Proposition 218.
Taxation Jun. 30, 2000
Bonta v. Baker
Trustee's service of notice rejecting creditor claim, and not filing date, commences 90-day limitations period to file suit to enforce claim.
Probate and Trusts Jun. 30, 2000
Walters v. Superior Court
Physical evidence collected by parties does not belong to court and is subject to seizure by prosecution.
Criminal Law and Procedure Jun. 30, 2000
Hollister v. Tuttle
Professor may not be denied promotion or pay increases for speaking publicly against feminist criticism of male writers.
Civil Rights Jun. 30, 2000
State v. Jones
Death sentence will not be overturned when no new arguments are raised to justify a different result.
Criminal Law and Procedure Jun. 30, 2000
Arizona v. Jones
Rule of corpus delicti does not apply to preliminary hearings.
Criminal Law and Procedure Jun. 30, 2000
State of Arizona v. Sheldon
Party cannot invoke Fifth Amendment to avoid a deposition.
Criminal Law and Procedure Jun. 30, 2000
Milner v. Colonial Trust Co.
Transfer of livestock not ineffective without bill of sale.
Contracts Jun. 30, 2000
Andress v. City of Chandler
Arbitration statute that requires parties to submit to arbitration does not extend time to file notice of claim.
Civil Procedure Jun. 30, 2000
State v. Martinez
Jurors may be replaced for misconduct so long as deliberations are in progress.
Criminal Law and Procedure Jun. 30, 2000
U.S. v. Gracidas-Ulibarry
Order
Jun. 29, 2000
Rich v. Woodford
Order
Jun. 29, 2000
U.S. v. Corona-Garcia
Violation for illegal re-entry after deportation may be established by defendant's presence in United States and evidence showing prior deportation.
Immigration Jun. 29, 2000
Colmenar v. INS
Asylum applicant must be afforded a full and fair hearing before deportation.
Immigration Jun. 29, 2000
U.S. v. Mattarolo
Traffic stop is permissible where facts are sufficient to cause experienced officer to reasonably conclude that criminal activity might be in progress.
Criminal Law and Procedure Jun. 29, 2000
Gardenhire v. IRS (In re Gardenhire)
Equitable tolling does not apply to 180-day period for government to file proof of claim against taxpayer in bankruptcy case.
Bankruptcy Jun. 29, 2000
Ballard v. Baldridge
Order
Jun. 29, 2000
U.S. v. Fuentes-Cariaga
Defendant may not introduce testimony of non-percipient INS agent that guilt wouldn't be inferred from nervousness at border checkpoint.
Criminal Law and Procedure Jun. 29, 2000
Manybeads v. United States
Indian tribe that receives compensation under accomodation agreement is necessary and indispensable party to Native American's action challenging the agreement.
Native American Affairs Jun. 29, 2000
Pope v. JJ Man-Data Inc.
New trial may not be granted if juror shows no dishonesty or bias in voir dire.
Civil Procedure Jun. 29, 2000