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Name Category Published
In re Asencio
Conviction for aggravated sexual assault of child is upheld where defendant used force sufficient to overcome victim's will. 		Criminal Law and Procedure Sep. 17, 2008
People v. Salcido
Prosecution may not avoid two-dismissal rule by charging new offense in third filing to increase original charge to violent felony. 		Criminal Law and Procedure Sep. 17, 2008
Hebner v. McGrath
Amended petition alleging due process violation due to faulty jury instructions does not relate back to original petition alleging incorrect evidence standard. 		Criminal Law and Procedure Sep. 17, 2008
Klemm v. Astrue
Notice of appeal from denial of benefits is timely filed when clerk receives document, despite deficiencies in form that violate local rules. 		Civil Procedure Sep. 17, 2008
MacLean v. Dept. of Homeland Security
Order issued by Transportation Safety Administration determining that disclosed message contained sensitive security information is deemed valid. 		Administrative Agencies Sep. 17, 2008
Merrifield v. Lockyer
Pest control licensing requirement exemption that is based upon type of pest controlled is unconstitutional. 		Constitutional Law Sep. 17, 2008
Brehm v. 21st Century Insurance Co.
Neither Genuine Dispute Rule nor right to request arbitration protect insurer who denies benefits on unreasonable grounds and in bad faith. 		Insurance Sep. 17, 2008
People v. Love
Dental receptionist cannot be convicted of both theft-- through fraudulent use of access card--and receipt of same stolen property. 		Criminal Law and Procedure Sep. 17, 2008
People v. Ybarra
Facts that were not found true by jury do not support aggravated terms for defendants' active participation in criminal street gang. 		Criminal Law and Procedure Sep. 16, 2008
Chamber of Commerce of the United States v. Lockyer
Order 		Sep. 16, 2008
Cosa v. Mukasey
Immigration judge's speculation about Millenist faith does not support asylum applicant's adverse credibility finding. 		Immigration Sep. 16, 2008
Moses v. Payne
Exclusion of expert witness testimony is proper where precedent has not established violation of constitutional right to present evidence. 		Criminal Law and Procedure Sep. 16, 2008
Bromfield v. Mukasey
Petitioner is granted review in removal case where country report indicates Jamaica's pattern of persecuting gay men. 		Immigration Sep. 16, 2008
U.S. v. Drake
Defendant's right to speedy trial is not violated by two- year delay. 		Criminal Law and Procedure Sep. 16, 2008
Pesnell v. Arsenault
Constitutional claims are not necessarily foreclosed by statutory bar of Federal Tort Claims Act. 		Torts Sep. 16, 2008
Marriage of Holtemann
In divorce case, transmutation agreement conveys husband's intent to transmute separate property to community property. 		Family Law Sep. 16, 2008
Martinez v. Regents of the University of California
Trial court errs in dismissing claim against California's public universities attacking statute allowing illegal aliens to pay less tuition than nonresident citizens. 		Education Sep. 16, 2008
People v. Lucatero
Police officer may pose as potential buyer and enter home to corroborate details given by informant for purposes of obtaining search warrant. 		Criminal Law and Procedure Sep. 16, 2008
Varisco v. Gateway Science and Engineering Inc.
Clause in parties' letter agreement allowing either party to terminate at will did not transform independent contractor into employee. 		Employment Law Sep. 16, 2008
Anthony v. City of Los Angeles
Prevailing party in FEHA action is not required to claim expert witness fees within 15-day period under rule for filing memorandum of costs. 		Civil Procedure Sep. 15, 2008
C.C. v. Superior Court (Orange County Social Services Agency)
Peremptory challenge should not have been accepted where matter was not remanded for reexamination of issues of fact or retrial of dispositional issues. 		Juveniles Sep. 15, 2008
Estate of Kievernagel
Widow does not have right to use frozen sperm of late husband who signed agreement to dispose of sperm upon death. 		Probate and Trusts Sep. 15, 2008
Fairbanks North Star Borough v. U.S. Army Corps of Engineers
Approved jurisdictional determination finding that wetland is subject to Clean Water Act does not constitute final agency action. 		Environmental Law Sep. 15, 2008
White v. Mayflower Transit
State law claims against interstate carriers are preempted by Carmack Amendment where amount in controversy exceeds $10,000. 		Contracts Sep. 15, 2008
People v. Wilson
Instruction permitting jury to use evidence of other charged offenses to prove intent is allowed in case involving multiple sex offenses. 		Criminal Law and Procedure Sep. 15, 2008
Treo@Kettner Homeowners Association v. Superior Court (Intergulf Construction Corp.)
CC&R cannot be construed as written contract where it waives fundamental right to jury trial. 		Real Property Sep. 15, 2008
People v. Holloway
Order 		Sep. 12, 2008
People v. Plumlee
Under Penal Code Section 653k, switchblades may also be dirks or daggers as defined in Section 12020 even if in closed position. 		Criminal Law and Procedure Sep. 12, 2008
Winter v. Window Fashions Professionals Inc.
Arbitration clause is unenforceable where there is no meeting of the minds with respect to clause. 		Contracts Sep. 12, 2008
County of Humboldt v. McKee
Subsequent property owners are bound by prior owner’s pre-1979 Williamson Act contract and thus liable for sales of parcels under 600 acres. 		Real Property Sep. 12, 2008
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