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Name Category Published
Crandell v. Bunnell
Court must appoint substitute defense counsel if original counsel fails for months to communicate with defendant.
Criminal Law and Procedure May 6, 1999
Ace Beverage Co. v. Lockheed Information Management Services
Private contractor with limited official supervision isn't entitled to qualified immunity in Section 1983 action.
Civil Rights May 6, 1999
Melikian v. Aquila Ltd.
In partition sale, broker procuring offer that is bettered at confirmation hearing is entitled to share in commission.
Real Property May 6, 1999
Kearney v. Standard Insurance Co.
District court must admit additional evidence where circumstances require de novo review of benefits decision.
Labor Law May 6, 1999
Arkansas Educational Television Commission v. Forbes
Public television station's candidate debate is nonpublic forum from which minor candidate may be excluded.
Constitutional Law May 6, 1999
Bousley v. United States
Petition claiming plea wasn't voluntary and intelligent may assert construction of statute announced after plea.
Criminal Law and Procedure May 6, 1999
Montana v. Crow Tribe of Indians
State needn't disgorge to tribe entire amount of excessive taxes imposed on reservation coal production.
Native American Affairs May 6, 1999
Ohio Forestry Association Inc. v. Sierra Club
Challenge to forest management plan that requires detailed permit review isn't ripe for adjudication.
Real Property May 6, 1999
Stewart v. Martinez-Villareal
Federal habeas petition isn't 'second or successive' petition if prior petition was dismissed as premature.
Criminal Law and Procedure May 6, 1999
Walters v. Reno
Misleading forms used in document fraud proceedings violate resident aliens' due process rights.
Immigration May 6, 1999
Legal Aid Society of Hawaii v. Legal Services Corporation
Government may require funded legal service organizations to separate from political advocacy organizations.
Constitutional Law May 6, 1999
Ventura County Flood Control District v. Campbell
In determining just compensation for property in eminent domain action, court must look at value of both above and below ground uses.
Real Property May 6, 1999
Romano v. Bible
State officials can't be liable for disciplinary revocation of a gaming license because of absolute immunity.
Government May 6, 1999
U.S. v. Guassac
Mesa Grande Band of Mission Indians tribe is 'tribal organization' under criminal statute.
Native American Affairs May 6, 1999
U.S. v. Amlani
Attorney-Client privilege implicitly waived when fairness requires disclosure of the protected communication.
Criminal Law and Procedure May 6, 1999
Bankruptcy of Paul Clayton Jess
Debtor's entitlement to contingent fee payment attributable to prepetition work is part of bankruptcy estate.
Bankruptcy May 6, 1999
U.S. v. James
Exclusion of corroboration evidence necessary to establish defendant's credibility is prejudicial error.
Criminal Law and Procedure May 6, 1999
National Labor Relations Board v. Ironworkers Local 433
Enforcement of prospective non-compliance fines for violation of consent decree doesn't trigger criminal procedural safeguards.
Labor Law May 6, 1999
Gonzalez v. Hughes Aircraft Employees Federal Credit Union
Form agreement requiring employees to submit to binding arbitration to resolve employment disputes is unenforceable where employer has unlimited judicial redress.
Civil Procedure May 6, 1999
Guzman v. Visalia Community Bank
Criticism of an offer is part of the negotiating process under Code of Civil Procedure Section 998, and therefore doesn't constitute a rejection of that offer.
Civil Procedure May 6, 1999
Sipple v. Foundation for National Progress
Anti-Strategic Lawsuit Against Public Participation statute protects magazine against defamation claim by public figure featured in article alleging domestic violence.
Torts May 6, 1999
Campbell v. Alger
Public entity's involuntary taking by condemnation doesn't trigger private contractual right of first refusal.
Real Property May 6, 1999
People v. Martinez
Asportation requirement of 'substantial' movement in simple kidnapping is applied to separate offense of kidnapping a person under the age of 14.
Criminal Law and Procedure May 6, 1999
McDonald v. Southern Pacific Transportation Co.
Jury discussing evidence not presented at trial during deliberations constitutes jury misconduct requiring new trial.
Torts May 6, 1999
People v. Neely
References to defendant's case that newly elected district attorney makes during campaigning doesn't warrant recusal of prosecutor's office.
Criminal Law and Procedure May 6, 1999
Shaolian v. Safeco Insurance Company
Obligation to pay third-party claimant medical or funeral expenses under homeowners insurance policy is conditioned on insureds' being found at fault.
Insurance May 6, 1999
People v. Shear
Defendant's Arizona felony conviction offense need not be a felony in California to convict him as a felon in possession of firearm.
Criminal Law and Procedure May 6, 1999
TMS Inc. v. Aihara
Appeal from judgment may be dismissed when judgment debtor willfully fails to comply with court order.
Civil Procedure May 6, 1999
Brown v. Brown
Where mother properly moves child out of the country, father's order to show cause for change of custody must be dismissed.
Family Law May 6, 1999
People v. Ward
Special admissibility rule for scientific evidence doesn't apply to expert medical testimony in sexually violent predator proceedings.
Criminal Law and Procedure May 6, 1999