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Canales v. Roe
No presumed prejudice from counsel's failure to file notice of appeal where petitioner was notified and did nothing.
Criminal Law and Procedure Mar. 26, 1999
People v. Martinez
No jurisdictional error in not imposing drug program fee against defendant, but laboratory analysis fee is excessive.
Criminal Law and Procedure Mar. 26, 1999
Santangelo v. Allstate Insurance Company
New law requiring completion of uninsured motorist arbitrations within five years applies to pending demand.
Insurance Mar. 26, 1999
Carr on Habeas Corpus
Fifteen percent limit on pre-probation and sentence conduct credits doesn't apply when probation is granted.
Criminal Law and Procedure Mar. 26, 1999
Ensoniq Corp. v. Superior Court (Dattoro)
Items seized from individual must be returned after charges dropped despite competing civil ownership claim.
Criminal Law and Procedure Mar. 26, 1999
City of Moorpark v. Superior Court (Dillon)
Labor Code remedy for workers suffering discrimination as result of job-related disabilities isn't exclusive.
Civil Rights Mar. 26, 1999
Pilkington Barnes Hind v. Superior Court (Visbal)
Person remains job 'applicant' for drug testing purposes although tests postponed until after start date.
Employment Law Mar. 26, 1999
U.S. v. Aviles
Drug task force member can't withhold information material to wiretap application to protect separate investigation.
Criminal Law and Procedure Mar. 26, 1999
Diamond Benefits Life Insurance Co. v. Troll
Easement holder not named in foreclosure action isn't bound, and has redemption right following later action.
Real Property Mar. 26, 1999
U.S. v. Mussari
Ability to pay child support prior to Child Support Recovery Act's enactment can't support conviction for nonpayment.
Criminal Law and Procedure Mar. 26, 1999
Kummetz v. Tech Mold Inc.
Employee doesn't waive right to litigate discrimination claim by signing document not explicitly mentioning arbitration provision.
Employment Law Mar. 26, 1999
People v. Trotter
Defendant who was not in custody at time of arraignment when he ran from courtroom can't be convicted of escape.
Criminal Law and Procedure Mar. 26, 1999
City of San Jose v. Dept. of Health Services
Local government has constitutional power to regulate smoking and isn't pre-empted by state agency rules.
Constitutional Law Mar. 26, 1999
People v. Solis
Waiver of jury trial doesn't extend to retrial on same charge following appeal.
Criminal Law and Procedure Mar. 26, 1999
Imax Corp. v. Cinema Technologies Inc.
Complaint for misappropriation of trade secrets must state specifications of allegedly secret projector system.
Intellectual Property Mar. 26, 1999
Gavin T., a Minor
Thrown apple that accidentally hit teacher isn't a deadly weapon.
Juveniles Mar. 26, 1999
Estate of Ferber
Will's no-contest clause prohibits frivolous attempts to oust executor.
Probate and Trusts Mar. 26, 1999
U.S. v. Sanchez-Lima
Denying admission of videotaped testimony of deported eyewitnesses violates defendant's Sixth Amendment right to present defense.
Criminal Law and Procedure Mar. 26, 1999
Rainsong Co. v. Federal Energy Regulatory Commission
Appeal of Federal Energy Regulatory Commission decision must be filed within 60 days after decision posted.
Environmental Law Mar. 26, 1999
Bankruptcy of DeVore
Withdrawal of 'no-asset' report doesn't bring abandoned assets back into estate for administration.
Bankruptcy Mar. 26, 1999
Johnson v. Superior Court (Tate)
Extraordinarily high earning parent who agrees to court-ordered child support needn't provide detailed financial discovery.
Family Law Mar. 26, 1999
Wilder v. Superior Court (Los Angeles County Metropolitan Transportation Authority)
Person with potential tort claim against government may use Public Records Act to obtain relevant documents.
Government Mar. 26, 1999
U.S. v. Doe
Failure to notify parents doesn't automatically require suppression of juvenile's custodial statements.
Juveniles Mar. 26, 1999
People v. Fitzpatrick
Court properly revokes pro se status of defendant who has delayed trial for more than a year.
Criminal Law and Procedure Mar. 26, 1999
Coltrain v. Shewalter
Defendants prevail on motion to strike strategic lawsuit against public participation when plaintiffs voluntarily dismiss.
Civil Procedure Mar. 26, 1999
People v. Topete
Review granted
Mar. 26, 1999
Avalon Bay Foods v. WCAB
Employer or insurer has 60 days to reimburse injured worker for medical treatment transportation costs.
Workers' Compensation Mar. 26, 1999
Aydin Corp. v. First State Insurance Co.
Insured has burden of proving occurrence giving rise to pollution claim was 'sudden and accidental.'
Insurance Mar. 26, 1999
People v. Lockwood
Court doesn't abuse discretion in denying certificate of rehabilitation, but denial should be without prejudice.
Criminal Law and Procedure Mar. 26, 1999
People v. Buchholz
Order
Mar. 26, 1999