| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S056082
|
People v. Nesler
Review granted |
|
Jun. 21, 1999 | ||
|
94-35684
|
Walters v. McCormick
Videotaped testimony of child victim doesn't violate confrontation rights if willingness to lie demonstrated. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
B080428
|
Bio-Psychiatric-Toxicology Laboratory Inc. v. Radcliff & West
Not pursuing collateral estoppel defense isn't attorney malpractice and plaintiff's unclean hands is complete defense. |
Torts |
|
Jun. 21, 1999 | |
|
95-50282
|
U.S. v. Ross
Absent showing of prejudice, there is no due process violation for 12-year indictment delay. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
S062176
|
Newman v. Union Oil Company of California
Order |
|
Jun. 21, 1999 | ||
|
A073562, A075014
|
Lewin v. Anselmo
Sureties cannot rescind appeal bond without court order after notice and hearing to beneficiary. |
Civil Procedure |
|
Jun. 21, 1999 | |
|
S062156
|
Briggs v. Eden Council For Hope and Opportunity
Order |
|
Jun. 21, 1999 | ||
|
S009924
|
People v. Quartermain
Conviction and death sentence cannot stand due to breach of agreement not to use defendant's statement. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
D024695
|
People v. Gillard
Misrepresentations regarding prior injuries are material where accurate medical history could explain cause of knee condition. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
S006640
|
People v. Hines
Court lacks authority to reduce death sentence simply because it disagrees with the jury's determination. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
S006284
|
People v. Samayoa
Death sentence is warranted for defendant's murder of woman and child who lived across street. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
96-15755
|
Falcone v. Stewart
Order |
|
Jun. 21, 1999 | ||
|
S056839
|
People v. Dotson
Order |
|
Jun. 21, 1999 | ||
|
A074727
|
People v. Sherman
Proving cocaine base's capability of affecting central nervous system isn't required to convict for sale. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
B111565
|
Ramona v. Superior Court (Ramona)
Witness whose memory regarding incidents of sexual abuse was refreshed using sodium amytal cannot testify. |
Civil Procedure |
|
Jun. 21, 1999 | |
|
94-390
|
U.S. v. Navarro
Appointment of Special Assistant U.S. Attorney exceeding 4 years creates jurisdictional defect, nullifying prosecution. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
B108794
|
Booth v. Superior Court (People)
Defendant, found not competent after preliminary hearing, is not entitled to new hearing once competent. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
A075434
|
People v. Pruett
Instruction doesn't require special definition for 'deadly weapon' where folding knife used to resist arrest. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
95-99002
|
Dyer v. Calderon
No presumed bias from similarities between murder of juror's family member and capital defendant's alleged crime. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
S062249
|
Bio-Psychiatric-Toxicology Laboratory, Inc. v. Radcliff & West
Not pursuing collateral estoppel defense isn't attorney malpractice and plaintiff's unclean hands is complete defense. |
Torts |
|
Jun. 21, 1999 | |
|
96-35447
|
Belgarde v. State of Montana
Naming state attorney general on habeas petition form meets requirements for naming attorney general as respondent. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
A075662
|
Ramon T., a Minor
Presentation of badge and identification card is sufficient to give juvenile notice that individual is officer. |
Juveniles |
|
Jun. 21, 1999 | |
|
D022897
|
Eigner v. Worthington
Judgment against insured isn't due to insurer's surprise, mistake or excusable neglect in declining coverage. |
Insurance |
|
Jun. 21, 1999 | |
|
E017575
|
Moore v. Kaiser Foundation Health Plan Inc.
Medi-Cal lien against beneficiary's settlement funds is limited to amount of coverage premiums paid. |
Torts |
|
Jun. 21, 1999 | |
|
96-2706
|
Coregis Ins. Co., v. Camico Mutual Ins. Co.
Claim based on acts from prior claim is foreseeable in connection with professional liability policy. |
Insurance |
|
Jun. 21, 1999 | |
|
S052569
|
Akins v. State of California
Reasonableness test inapplicable if flooding is caused by governmental flood control works intentionally diverting water. |
Real Property |
|
Jun. 21, 1999 | |
|
S061779
|
People v. McCurdy
Review granted |
|
Jun. 21, 1999 | ||
|
S062194
|
People v. Henry
Review granted |
|
Jun. 21, 1999 | ||
|
S058027
|
People v. Mendoza
Requested intoxication instruction is admissible to show intent. |
Criminal Law and Procedure |
|
Jun. 21, 1999 | |
|
S062156
|
Briggs v. Eden Council for Hope & Opportunity
Grant of special motion to strike is incorrect when underlying conduct isn't matter of public concern. |
Civil Procedure |
|
Jun. 21, 1999 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com