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People v. Tillman
Objection to trial court's omission of restitution fine is waived if not made at time of sentencing.
Criminal Law and Procedure Mar. 31, 2000
Pardee Construction Co. v. Insurance Co. of the West
Where insurers acknowledge subcontractors had complete operations coverage for project, insurers owe contractor duty to defend absent language excluding coverage.
Insurance Mar. 31, 2000
Balasubramaniam v. County of Los Angeles
In employment discrimination lawsuit, court must give collateral estoppel effect to findings reached by county's civil service commission.
Administrative Agencies Mar. 31, 2000
People v. Gutierrez
Witness writing of license plate number of vehicle used in crime is admissible as sponteneous declaration.
Criminal Law and Procedure Mar. 31, 2000
Butcher v. Truck Insurance Exchange
Where reviewing court affirms lower court decision on first issue but doesn't consider second issue, decision on second issue has no preclusive effect.
Civil Procedure Mar. 31, 2000
People v. Beuer
Absent connection between current offense and prior arrest, defendant may not seek to suppress evidence of prior offense.
Criminal Law and Procedure Mar. 31, 2000
Wm. R. Clarke Corp. v. Safeco Insurance Co. of America
Where judgment debtor has equitable right to offset, postjudgment interest should be calculated before judgment debtor credits itself with the offset.
Civil Procedure Mar. 31, 2000
Ricardo A., a Minor
Dagger is substantially concealed when it looks like pen and its point is concealed behind juvenile's ear.
Juveniles Mar. 31, 2000
People v. Garcia
Homosexuals are cognizable group whose exclusion from jury violates accused's constitutional rights.
Criminal Law and Procedure Mar. 31, 2000
People v. Brown
Admission of defendant's prior acts of domestic violence under Evidence Code Section 1109 neither violates due process nor lessens burden of proof.
Criminal Law and Procedure Mar. 31, 2000
Pardee Construction Co. v. Insurance Co. of the West
Where insurers acknowledge subcontractors had complete operations coverage for project, insurers owe contractor duty to defend absent language excluding coverage.
Insurance Mar. 31, 2000
People v. Hayes
Due process in death penalty case isn't violated when change of venue doesn't replicate socioeconomic factors of venue where offense was committed.
Criminal Law and Procedure Mar. 31, 2000
People v. Gallardo
Postjudgment order not appealable when appeal actually seeks habeas corpus relief.
Criminal Law and Procedure Mar. 31, 2000
Rashad H. , a Minor
Parental termination rights may be reversed when parent doesn't receive proper notice of hearing and parties agree to reversal.
Juveniles Mar. 31, 2000
People v. Diaz
Kidnapping charge is supported by evidence where defendant attacks victim near lighted street and drags her to dark area behind building.
Criminal Law and Procedure Mar. 31, 2000
People v. Hall
Inmate's confession is not involuntary where prison guards' misconduct that motivates confession is not carried out with intent to extract confession.
Criminal Law and Procedure Mar. 31, 2000
Axsana S., a Minor
In dependency cases, personal appearance by party isn't essential; attorney's appearance is sufficient.
Juveniles Mar. 31, 2000
Phillip F., a Minor
When parent is properly notified of first hearing and fails to appear, parent's second notice need only comply with due process.
Juveniles Mar. 31, 2000
Rosales v. Depuy Ace Medical Company
Using broad definition of 'power press', injuries from such machines aren't limited to workers' compensation recovery.
Workers' Compensation Mar. 30, 2000
Kleve v. Hill
Order
Mar. 30, 2000
Santa Maria v. Pacific Bell
When employee should've known of possible disability discrimination claim, equitable tolling won't excuse untimely filing of Equal Employment Opportunity Commission charge.
Employment Law Mar. 30, 2000
United States v. Estate Preservation Services
Promoter of abusive tax shelter advice is liable even when customers do not use the misinformation to violate the law.
Probate and Trusts Mar. 30, 2000
U.S. v. Anderson
Failure to give jury instruction on involuntary manslaughter, when evidence is consistent with defense claim of accidental killing, is reversible error.
Criminal Law and Procedure Mar. 30, 2000
State of Alaska v. United States
In dispute between federal government and Alaska, title to riverbeds lie with state if river is navigable at statehood.
Government Mar. 30, 2000
Taylor v. 363 Director, Office of Workers Compensation Programs
Employer can't offset dead employee's death benefit liability against third party settlement entered into by employee's surviving spouse.
Workers' Compensation Mar. 30, 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 Mar. 30, 2000
U.S. v. Ramirez-Valencia
Government isn't estopped from prosecuting deported alien for reentering country where alien reentered country on reliance of INS misrepresentation.
Immigration Mar. 30, 2000
Nova Designs Inc. v. Scuba Retailers Assn.
Short-lived agreement requiring exchange of confidential customer information in return for free advertising isn't per se violation of Sherman Act.
Antitrust Mar. 30, 2000
U.S. v. Pace
Neither certification for interlocutory appeal, collateral order doctrine, nor McCarran-Ferguson Act provide jurisdiction for review of order denying dismissal motion.
Criminal Law and Procedure Mar. 30, 2000
U.S. v. Trenter
District courts have authority to reinstate full term of supervised release where parolee has violated conditions of release.
Criminal Law and Procedure Mar. 30, 2000