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Name Category Published
U.S. v. Fiander
Tribal member who may not be prosecuted for contraband cigarette trafficking can still be guilty of RICO conspiracy.
Criminal Law and Procedure Oct. 24, 2008
U.S. v. Seljan
Border search is justified where customs officials opened packages in course of authorized outbound currency operation.
Criminal Law and Procedure Oct. 24, 2008
Satchmed Plaza Owners Association v. UWMC Hospital Corp.
Attempt to sever judgment is dismissed against party who appealed judgment after accepting its benefits.
Real Property Oct. 24, 2008
N.D., a Minor
Statutory amendments are not retroactively applied where they do not mitigate punishment.
Juveniles Oct. 23, 2008
People v. Bartsch
Denial of petition for restoration to sanity is upheld where defendant cannot prove full recovery from amphetamine-induced psychotic disorder.
Criminal Law and Procedure Oct. 23, 2008
D'Amato v. Superior Court (People)
Separation of powers doctrine bars criminal prosecution of public official for aiding and abetting where official has no personal financial interest in contract.
Government Oct. 23, 2008
Defend Bayview Hunters Point Committee v. City and County of San Francisco
Referendum petition is rejected where redevelopment plan incorporated by reference in ordinance was not attached to or included in petition.
Government Oct. 23, 2008
Merrifield v. Lockyer
Pest control licensing requirement exemption that is based upon type of pest controlled is unconstitutional.
Constitutional Law Oct. 23, 2008
Granite Rock Company v. International Brotherhood of Teamsters
Parties to collective bargaining agreement must arbitrate on contract formation issue where no independent challenge to arbitration clause occurred.
Labor Law Oct. 23, 2008
Alaska Independence Party v. State of Alaska
Order
Oct. 23, 2008
Mangano v. Verity Inc.
Defendant is denied postoffer attorney fees where plaintiff's FEHA action is not without any legal or factual foundation.
Civil Procedure Oct. 23, 2008
El Dorado County Dept. of Child Support Services v. Nutt
Court may reserve jurisdiction on amount of child support owed by incarcerated father who is unlikely to be released or earn income.
Family Law Oct. 23, 2008
Williamson v. Mazda Motor of America Inc.
Federal Motor Vehicle Safety Standard preempts claim alleging liability for failure to install lap/shoulder seatbelt in vehicle’s middle seating position.
Torts Oct. 23, 2008
Fonseca v. Fong (San Francisco Police Dept.)
Notification requirement concerning suspected illegal aliens arrested for certain enumerated drug offenses is not preempted by federal immigration law.
Immigration Oct. 23, 2008
S.J., a Minor
Court properly declines to modify visitation order of mother who fails to show change of circumstances and change promoting children's best interests.
Family Law Oct. 23, 2008
People v. Wallace
Sufficient evidence exists to support defendant's convictions for attempted rape and robbery of 83-year-old widow.
Criminal Law and Procedure Oct. 23, 2008
Widders v. Furchtenicht
Voter initiatives without actual legislation attached for adoption or rejection are deemed facially unconstitutional.
Government Oct. 22, 2008
Sabatasso v. Superior Court (Cate)
Parolee held by local law enforcement for evaluation as sexually violent predator is entitled to $200 release allowance.
Criminal Law and Procedure Oct. 22, 2008
U.S. v. McTiernan
Defendant may withdraw guilty plea where he was unaware of availability of motion to suppress evidence.
Criminal Law and Procedure Oct. 22, 2008
Mt. Holyoke Homes v. California Coastal Commission (Schelbert)
In property development case, plaintiff is required to timely contest California Coastal Commission's jurisdiction.
Real Property Oct. 22, 2008
New v. Kroeger
Members who resign from Episcopal Church are no longer lawful directors and lack authority to amend parish bylaws or articles of incorporation.
Corporations Oct. 22, 2008
Alcala v. Vazmar Corp.
Instruction on negligence per se is not required where reinstalled tires are not covered by statute designed to prevent use of unsafe tires.
Torts Oct. 21, 2008
People v. Nunez
15 percent limit on presentence credit applies to each offense of defendant's entire prison term even if only one offense was violent.
Criminal Law and Procedure Oct. 21, 2008
Walker v. Georgia
Order
Oct. 21, 2008
Walker v. Georgia
Order
Oct. 21, 2008
Flores-Figueroa v. United States
Order
Oct. 21, 2008
M. M. v. Special School District No. 1
Order
Oct. 21, 2008
Estrada-Espinoza v. Mukasey
Convictions under California statutory rape provisions do not categorically constitute 'sexual abuse of minor.'
Immigration Oct. 21, 2008
U.S. v. Schales
Double Jeopardy Clause violation occurs where possession of sexually explicit material involving minors is lesser-included offense of receipt of same material.
Criminal Law and Procedure Oct. 21, 2008
Porter v. Osborn
Culpability of state trooper who shoots suspect during roadside investigation must be measured under more stringent 'purpose to harm' standard.
Civil Rights Oct. 21, 2008