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Name Category Published
Hon. Dean D. Flippo, District Attorney, Monterey County
Prohibition of firearm in school zone applies to firearm in two parts that assemble into one with push of button and shift of pin.
Criminal Law and Procedure May 20, 1999
Hongsathavij v. Queen of Angels/Hollywood Presbyterian Medical Center
Appeal board applies correct standard and relies on substantial evidence in removing physician from call panel.
Administrative Agencies May 19, 1999
People v. Leon
Review granted
May 19, 1999
U.S. v. McClain
Double jeopardy isn't violated by resentencing defendant within original 'package' sentence after conviction vacated.
Criminal Law and Procedure May 19, 1999
People v. Hamilton
Unlawful use of tear gas weapon doesn't require that the weapon be loaded or operable.
Criminal Law and Procedure May 19, 1999
National Credit Union Administration v. First National Bank & Trust Co.
Commercial banks have standing to seek federal court review of National Credit Union Administration's statutory interpretation.
Banking May 19, 1999
Alaska v. Native Village of Venetie Tribal Government
Tribe cannot collect taxes for conducting business on tribal land since land isn't 'Indian Country.'
Native American Affairs May 19, 1999
San Dieguito Partnership, L.P. v. San Dieguito River Valley Regional Open Space Park Joint Powers Authority
Attorney fee award in California Environmental Quality Act action is excessive.
Environmental Law May 19, 1999
People v. Chany
Legislative elimination of substantive offense within gang statute requires overturning convictions under statute.
Criminal Law and Procedure May 19, 1999
People v. Leon
Order
May 19, 1999
Universal Bank v. Lawyers Title Insurance Co.
Order
May 19, 1999
People v. Lopez
Separate drug sales on two different days constitute different sets of operative facts for sentencing purposes.
Criminal Law and Procedure May 19, 1999
People v. Muhamed
Order
May 19, 1999
People v. Clayton
Review granted
May 19, 1999
People v. Lopez
Order
May 19, 1999
City of Lake Elsinore v. Ranel Development Company
City's failure to adopt resolution of necessity in eminent domain action doesn't necessitate dismissal.
Real Property May 19, 1999
People v. Harrison
Sentence for one matter must reflect that enhancement carries term one-third of other enhancement.
Criminal Law and Procedure May 19, 1999
In re Brown
Prosecution's failure to disclose material exculpatory evidence requires vacation of judgment.
Criminal Law and Procedure May 19, 1999
U.S. v. Gallant
Possession of gun taken from officer during escape supports sentence enhancement for firearm use.
Criminal Law and Procedure May 19, 1999
U.S. v. Nelson
Conviction based on aiding and abetting robbery doesn't require knowledge of the crime's impact on interstate commerce.
Criminal Law and Procedure May 19, 1999
Universal Bank v. Lawyers Title Insurance Co.
Summary judgment proper in action against principal where agency relationship with wrongdoer was expressly limited.
Contracts May 19, 1999
Gill v. Villagomez (Government of Guam)
No abuse of discretion to deny motion to dismiss under speedy trial statute after appeal.
Criminal Law and Procedure May 19, 1999
People v. Lopez
Order
May 19, 1999
People v. Clayton
Order
May 19, 1999
People v. Bennett
Defendant's attorneys aren't incompetent for not challenging investigator's actions since motion wouldn't have been meritorious.
Criminal Law and Procedure May 19, 1999
People v. Chany
Legislative elimination of substantive offense within gang statute requires overturning convictions under statute.
Criminal Law and Procedure May 19, 1999
People v. Bennett
Review granted
May 19, 1999
Foodmaker Inc. Et Al. v. Workers' Compensation Appeals Board Et Al.,
Undocumented alien injured at work isn't entitled to training for new occupation in home country.
Workers' Compensation May 19, 1999
People v. Nelms
Order
May 19, 1999
Don L., a Minor
Juvenile court can't enter default judgment, severing parental rights, for failure to appear.
Juveniles May 19, 1999