| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G031382
|
People v. Carrillo
Evidence of defendant's poverty in robbery case is inadmissible for unfairness. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
D042260
|
Waste Management Inc. v. Superior Court (Guzman de Peralta)
Parent corporation isn't liable for wrongful death of subsidiary's employee under parent-subsidiary relationship. |
Torts |
|
Aug. 23, 2004 | |
|
A100958
|
People v. Hill
Under Penal Code, court has discretion to use any enhancement's terms of imprisonment in calculating subordinate term. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
A099199
|
Peart v. Ferro
Plaintiff who was injured while using Sea-Doo personal watercraft assumed risk of recreational water sport. |
Torts |
|
Aug. 23, 2004 | |
|
A104367
|
City of Modesto Redevelopment Agency v. Superior Court (Dow Chemical Co.)
Chemical companies may be liable under Polanco Act for contamination caused by dry cleaning solvents. |
Torts |
|
Aug. 23, 2004 | |
|
F042715
|
Martinez v. Enterprise Rent-A-Car Co.
Dealer who sold vehicle with title defect to other dealer is not liable under Vehicle Code. |
Business Law |
|
Aug. 23, 2004 | |
|
B166729
|
People v. Lopez
Pat down of defendant did not violate Fourth Amendment because search was based on reasonable suspicion. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
A103835
|
Physicians Committee for Responsible Medicine v. Tyson Foods Inc.
Health organization may sue chicken manufacturer based on law repealing anti-SLAPP protections for advertisements. |
Civil Procedure |
|
Aug. 23, 2004 | |
|
02-35269
|
Lombardo v. Warner
Order |
|
Aug. 23, 2004 | ||
|
03-55822
|
Acevedo-Carranza v. Ashcroft
Immigrant appealing aggravated felon status must seek review of board ruling through circuit court before filing habeas petition. |
Immigration |
|
Aug. 23, 2004 | |
|
02-73924
|
Medina-Morales v. Ashcroft
Amended opinion |
|
Aug. 23, 2004 | ||
|
02-35761
|
Anderson v. Evans
Amended opinion |
|
Aug. 23, 2004 | ||
|
02-56445
|
Smith v. City of Hemet
Order |
|
Aug. 23, 2004 | ||
|
02-35675
|
Anderson v. Morrow
Exclusion of rape victim's sexual history and reputation was permissible under state's 'rape shield' law. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
03-55032
|
Buono v. Norton
Presence of Latin cross war memorial in federally-owned land in Mojave National Preserve violates Establishment Clause. |
Constitutional Law |
|
Aug. 23, 2004 | |
|
03-10001
|
U.S. v. Dhingra
Federal law criminalizing use of Internet to solicit sex with minors does not violate First Amendment. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
03-10194
|
U.S. v. Ford
Collateral estoppel bars government from relitigating case against defendant for managing property for cocaine distribution. |
Civil Procedure |
|
Aug. 23, 2004 | |
|
02-56134
|
Olvera v. Giurbino
Court abused discretion in not granting defendant's motion to stay proceedings pending exhaustion of claims. |
Civil Procedure |
|
Aug. 23, 2004 | |
|
03-15442
|
Gillett-Netting v. Barnhart
Children conceived through dead father's sperm are entitled to Social Security benefits based on his earnings. |
Administrative Agencies |
|
Aug. 23, 2004 | |
|
03-30347
|
U.S. v. Nielsen
Admission of statement by unavailable occupant that she had no access to drugs where other evidence suggests defendant's ownership is harmless error. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
03-15485
|
Granite Rock Co. v. United States
Order |
|
Aug. 23, 2004 | ||
|
01-50408
|
U.S. v. Awad
Government may not impose current sentence when it plans to assess defendant's pre-sentence cooperation at later time. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
03-70473
|
Tokatly v. Ashcroft
Court may not look beyond record of conviction to determine whether alien's crime was one of 'domestic violence.' |
Immigration |
|
Aug. 23, 2004 | |
|
02-56678
|
Martinez v. Garcia
Structural error occurs when jury instructions combine two theories of guilt, but cannot discern upon which theory conviction rests. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
02-56566
|
Ventura Mobilehome Communities Owners Assn. v. City of San Buenaventura
Failure to exhaust state remedies for compensation renders regulatory takings claim unripe. |
Constitutional Law |
|
Aug. 23, 2004 | |
|
02-10600
|
U.S. v. Anderson
Government did not produce sufficient evidence to warrant conviction of defendant on bank fraud charge. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
03-16408
|
Erringer v. Thompson
Federal interpretive rules that had effect of limiting Medicare benefits were not subject to formal rulemaking procedures. |
Government |
|
Aug. 23, 2004 | |
|
S123832
|
Agua Caliente Band of Cahuilla Indians v. Superior Court (Fair Political Practices)
Order |
|
Aug. 23, 2004 | ||
|
03-10158
|
U.S. v. Rutherford
Court must reconsider validity of jury's verdict after IRS agents allegedly glared at jurors during trial. |
Criminal Law and Procedure |
|
Aug. 23, 2004 | |
|
02-35881
|
Enlow v. Salem-Keizer Yellow Cab Co. Inc.
Cab company presents sufficient evidence that discharge of elderly employee was without discriminatory intent. |
Employment Law |
|
Aug. 23, 2004 |