| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E035671
|
People v. Semaan
People cannot use bank funds of innocent third party for victim restitution without proving that she had no legitimate interest in funds. |
Criminal Law and Procedure |
|
Mar. 7, 2006 | |
|
A105164
|
People v. Pitto
Jury instruction failing to require finding of 'facilitative nexus' between presence of firearm and underlying offense was prejudicial. |
Criminal Law and Procedure |
|
Mar. 7, 2006 | |
|
A106960
|
Viva! International Voice For Animals v. Adidas Promotional Retail Operations Inc.
State law banning import of kangaroo products is pre-empted by federal law under doctrine of conflict pre-emption. |
Constitutional Law |
|
Mar. 7, 2006 | |
|
H027519
|
People v. Cross
Sexual perpetrator's state prison sentence of six years plus consecutive 15-year-to-life term was not cruel and unusual punishment. |
Criminal Law and Procedure |
|
Mar. 7, 2006 | |
|
G034891
|
People v. Licas
Assault with firearm was not lesser included offense of shooting from vehicle. |
Criminal Law and Procedure |
|
Mar. 7, 2006 | |
|
S107782
|
Welch (David) E.) on H.C.
Order |
Criminal Law and Procedure |
|
Mar. 7, 2006 | |
|
B177152
|
William R., a Minor
Probation condition prohibiting ward from associating with people of whom his parents disapprove must contain knowledge element. |
Juveniles |
|
Mar. 7, 2006 | |
|
S133042
|
Sickle on Discipline
Order |
|
Mar. 7, 2006 | ||
|
04-314
|
Davis v. United States
Order |
|
Mar. 6, 2006 | ||
|
04-1739
|
Beard, Sec., PA DOC v. Banks
Order |
|
Mar. 5, 2006 | ||
|
05-589
|
Whorton, Dir., NV DOC v. Collier
Order |
|
Mar. 5, 2006 | ||
|
05-923
|
Bunton v. Bentley
Order |
|
Mar. 5, 2006 | ||
|
05-8566
|
Nimmons v. Crist
Order |
|
Mar. 5, 2006 | ||
|
05-9111
|
James v. USDC MD FL
Order |
|
Mar. 5, 2006 | ||
|
05-9113
|
Fleming v. Adams, Warden
Order |
|
Mar. 5, 2006 | ||
|
05-7053
|
Dixon v. United States
Order |
|
Mar. 5, 2006 | ||
|
B172506
|
People v. Baylor
Admission of police detective's statements regarding identification by witness did not violate defendant's confrontation rights. |
Criminal Law and Procedure |
|
Mar. 2, 2006 | |
|
05-1004
|
Opinion of Lockyer
Interim grading documents submitted to city by property owners seeking building permits are subject to public inspection under California Public Records Act. |
Government |
|
Mar. 2, 2006 | |
|
04-35998
|
Brown v. Lambert
Prospective juror's view on capital punishment was not cause enough to warrant his excusal during voir dire. |
Criminal Law and Procedure |
|
Mar. 1, 2006 | |
|
04-50519
|
U.S. v. Leal-Cruz
In attempted illegal re-entry case, defendant has burden of proving duress defense because it does not negate required element of specific intent. |
Immigration |
|
Mar. 1, 2006 | |
|
02-55627
|
Moreno v. Baca
Because parolee is not stripped of all Fourth Amendment protection, denial of officers' qualified immunity claims was proper. |
Criminal Law and Procedure |
|
Mar. 1, 2006 | |
|
03-72028
|
Valencia v. Gonzales
Sexual intercourse with minor is not 'crime of violence' for which alien could be found removable. |
Immigration |
|
Mar. 1, 2006 | |
|
03-72159
|
Yeghiazaryan v. Gonzales
In asylum case, petitioner was prejudiced because he was prevented from correcting mistranslation at his hearing before immigration judge. |
Immigration |
|
Mar. 1, 2006 | |
|
02-15907
|
U.S. v. Alisal Water Corp.
Court order requiring divestiture of privately-owned water systems that violated Safe Drinking Water Act was proper. |
Environmental Law |
|
Mar. 1, 2006 | |
|
03-17195
|
Suncrest Healthcare Center LLC v. Omega Healthcare Investors Inc.
Transfer of rights to operate nursing home did not entitle health care center to retain Medicare reimbursements intended for transferor. |
Contracts |
|
Mar. 1, 2006 | |
|
03-35906
|
Hardage v. CBS Broadcasting Inc.
Actions taken by employer did not amount to constructive discharge of employee who sued for sexual harassment. |
Employment Law |
|
Mar. 1, 2006 | |
|
C049379
|
Hoskins v. Hogstad
Court's denial of special motion to strike is proper where hearing date was not within 30 days of service of motion. |
Civil Procedure |
|
Mar. 1, 2006 | |
|
05-614
|
Opinion of Lockyer
Physician generally may prescribe for patient medical device that is distributed by company in which physician has ownership interest. |
Business Law |
|
Feb. 28, 2006 | |
|
04-1148
|
Yarnall v. Four Aces Emporium Inc. (In re Boganski)
Creditor failed to establish that incorrect finance charge was bona fide error. |
Bankruptcy |
|
Feb. 27, 2006 | |
|
04-1084
|
Gonzales v. O Centro Espirita Beneficente Uniao Do Vegetal
Government has burden to demonstrate compelling interest under Religious Freedom Restoration Act where church's tea used for communion was seized. |
Constitutional Law |
|
Feb. 23, 2006 |