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U.S. v. Castillo
Extrinsic evidence is admissible to impeach by contradiction a criminal defendant's testimony that is volunteered on direct examination.
Criminal Law and Procedure Sep. 30, 1999
Catholic Social Services Inc. v. INS
No jurisdiction exists for illegal aliens who fail to tender complete legalization application and fee.
Immigration Sep. 30, 1999
Rumbles v. Hill
Prison Litigation Reform Act doesn't deprive federal court of subject-matter jurisdiction for failure to exhaust administrative remedies where only damages are sought.
Prisoners Rights Sep. 30, 1999
Hardy v. Commissioner of Internal Revenue
Oral agreement between spouses to keep income separate is insufficient under state law to avoid federal tax liability.
Taxation Sep. 30, 1999
Lytle v. Wondrash
School administrators are entitled to the defense of qualified immunity against First Amendment violation claim.
Constitutional Law Sep. 30, 1999
Novato Fire Protection District v. United States
Local fire district's assessment of fee as condition of fire and emergency services to federal property violates supremacy clause.
Constitutional Law Sep. 30, 1999
Marbled Murrelet v. Babbitt
When awarding attorney fees, the Civil Rights Act standard is to be applied to actions under the Endangered Species Act.
Environmental Law Sep. 30, 1999
U.S. v. Van Doren
Where defendant repeatedly acknowledges voluntariness of guilty plea, district court's failure to ask if plea is result of coercion is harmless error.
Criminal Law and Procedure Sep. 30, 1999
Big Bear Lodging Assn. v. Snow Summit Inc.
Competitors to, rather than customers of, alleged price-fixing scheme cannot demonstrate antitrust injury, as they benefit from inflated prices.
Antitrust Sep. 30, 1999
Fuller v. Roe
Applicability of Antiterrorism and Effective Death Penalty Act is determined by date petition for habeas relief is filed.
Criminal Law and Procedure Sep. 30, 1999
Bankruptcy of Marino
Dismissal of untimely nondischargeability complaint in Chapter 11 case does not preclude subsequent filing of identical complaint in converted Chapter 7 case.
Bankruptcy Sep. 30, 1999
Kopitske v. WCAB
Unreasonable delay in making permanent disability payments is subject to penalty assessment.
Workers' Compensation Sep. 30, 1999
U.S. v. Martinez
Evidence of prior conviction for importing drugs is admissible when used to show knowledge of drug trade.
Criminal Law and Procedure Sep. 30, 1999
Tarubac v. INS
In denying asylum application, it's erroneous to conclude that presence of nonpolitical motives for persecution provides evidence that political persecution doesn't exist.
Immigration Sep. 30, 1999
U.S. v. Palomba
Error in calculating sentence can't be challenged after the entire sentence has been completed.
Criminal Law and Procedure Sep. 30, 1999
Hoversten v. Superior Court (Hoversten)
When incarcerated prisoner desires to make a court appearance in child custody proceeding, trial court is required to fashion appropriate remedy.
Prisoners Rights Sep. 30, 1999
Carter v. Anderson (In re Carter)
The sole shareholder of a Subchapter S corporation can qualify as an employee for purposes of earnings exemption.
Bankruptcy Sep. 30, 1999
People v. Hart
Warrantless search, for identification, of purse in illegally parked, occupied van is valid for officer-safety purposes.
Criminal Law and Procedure Sep. 30, 1999
County of Los Angeles v. Smith
Where minor is subject to individual education plan, county can't seek reimbursement from parent for past costs of care provided to minor.
Juveniles Sep. 30, 1999
Jenkins v. County of Los Angeles
Proposition 213, which bars recovery for injuries sustained by a fleeing felon, doesn't apply to intentional torts.
Torts Sep. 30, 1999
Domingo v. Los Angeles County Metropolitan Transportation Authority
Thirty-day period to file for trial de novo from arbitrator's award does not begin to toll until proper service by arbitrator.
Civil Procedure Sep. 30, 1999
Soliz v. Williams
Judge immune from suit for defamatory statements made during settlement conference, not immune from suit for false statements to reporter.
Judges Sep. 30, 1999
People v. Sainz
Defendant convicted of great bodily injury under vehicle code, permits sentence enhancement under penal code meaning of great bodily injury.
Criminal Law and Procedure Sep. 30, 1999
People v. Moreno
Defendant may be convicted of receiving same property he took during a burglary.
Criminal Law and Procedure Sep. 30, 1999
In re Sybase Inc. Securities Litigation
Corporation's reliance on its internal budget summaries is reasonable, and not evidence of false and misleading earnings predictions.
Securities Sep. 30, 1999
Nelson v. United Technologies
Wrongful discharge in violation of public policy favoring family leave underlying California Family Rights Act is valid cause of action.
Torts Sep. 30, 1999
People v. Lewis
Police officer does not have to obtain an arrest warrant before entering a parolee's house and taking the him into custody.
Criminal Law and Procedure Sep. 30, 1999
Estate of Lamerdin
Deceased trustee's daughter lacks standing to petition for appointment of successor trustee for proposed charitable trust.
Probate and Trusts Sep. 30, 1999
People v. Lopez
A defendant cannot relitigate issues of a previous conviction during his mentally disordered offender's appeal.
Criminal Law and Procedure Sep. 30, 1999
People v. Webb
Where evidence shows defendant didn't honestly believe opinions expressed regarding his pain, such material misrepresentations may constitute fraud.
Criminal Law and Procedure Sep. 30, 1999