| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-36031
|
Gobin v. Snohomish County
Congress did not expressly authorize county to regulate reservation fee lands owned by tribal members. |
Constitutional Law |
|
Nov. 10, 2002 | |
|
01-56578
|
Culver v. Chiu (In re Chiu)
Debtor need not have interest in property at time debtor moves to avoid lien. |
Bankruptcy |
|
Nov. 10, 2002 | |
|
D040086
|
Muckle v. Superior Court (Burgess-Muckle)
Trial court cannot exercise jurisdiction over husband, resident in Georgia, for purposes of adjudicating rights in Georgia property and spousal support. |
Family Law |
|
Nov. 10, 2002 | |
|
00-55805
|
Lott v. Mueller
Deadline to file habeas petition may be tolled during period in which prisoner lacked access to legal files. |
Criminal Law and Procedure |
|
Nov. 10, 2002 | |
|
01-30303
|
U.S. v. Bell
Defendant who harassed and threatened IRS employees was properly convicted and sentenced for interstate stalking. |
Criminal Law and Procedure |
|
Nov. 10, 2002 | |
|
01-55466
|
U.S. v. $80,180.00 in U.S. Currency
Civil Asset Forfeiture Reform Act's heightened burden of proof does not have retroactive effect to cases pending at time of its effective date. |
Civil Procedure |
|
Nov. 10, 2002 | |
|
A095637
|
People v. Rae
Trial court properly refused to give unanimity instruction where defendant is engaged in continuous wrongful conduct. |
Criminal Law and Procedure |
|
Nov. 10, 2002 | |
|
01-35155
|
Interstellar Starship Services Limited v. Tchou
Court's decision to allow owner of infringing domain name to retain ownership interest in the name was proper. |
Intellectual Property |
|
Nov. 10, 2002 | |
|
01-15846
|
Charter Communications Inc. v. County of Santa Cruz
County acted reasonably in withholding consent to change of ownership of cable franchise. |
Government |
|
Nov. 10, 2002 | |
|
99-16247
|
US West Communications Inc. v. Jennings
FCC regulations, which took effect after interconnection agreements were arbitrated, apply on judicial review of agreements for compliance with Telecommunications Act of 1996. |
Corporations |
|
Nov. 10, 2002 | |
|
D037680
|
People v. Konow
|
|
Nov. 7, 2002 | ||
|
E029190
|
Doe v. City of Murrieta
Triable issues of fact exist as to whether police department knew or should have known officer was sexually exploiting teenagers. |
Torts |
|
Nov. 7, 2002 | |
|
01-7034
|
Wooten v. Boone
Order |
|
Nov. 7, 2002 | ||
|
01-55154
|
Jarrow Formulas Inc. v. Nutrition Now Inc.
Laches bars manufacturer of nutritional supplements from suing its competitor for false advertising under Lanham Act. |
Civil Procedure |
|
Nov. 7, 2002 | |
|
00-16782
|
Canatella v. State of California
Amended opinion |
|
Nov. 7, 2002 | ||
|
01-16833
|
Benson v. Terhune
Jail staffs administration of prescription medications requested by defendant did not violate due process. |
Criminal Law and Procedure |
|
Nov. 7, 2002 | |
|
01-35827
|
Native Ecosystems Council v. Dombeck
Forest Service failed to consider cumulative impacts of timber sale sufficiently to satisfy National Environmental Policy Act. |
Environmental Law |
|
Nov. 7, 2002 | |
|
01-605
|
Opinion of Bill Lockyer
County can charge fee for copy of public record that exceeds statutory amount but fee cannot exceed reasonable cost to county. |
Government |
|
Nov. 6, 2002 | |
|
98-10159
|
U.S. v. Cabaccang
Order |
|
Nov. 6, 2002 | ||
|
01-6049
|
Sally Beauty Co. Inc. v. Beautyco Inc.
Plaintiffs established genuine issue of material fact of likelihood of confusion between two hair care products. |
Intellectual Property |
|
Nov. 6, 2002 | |
|
01-4057
|
Roska v. Peterson
Qualified immunity does not apply where social workers enter residence without warrant and without knocking in order to remove child. |
Constitutional Law |
|
Nov. 6, 2002 | |
|
01-8065
|
U.S. v. Proffit
Court upholds sentence enhancement base on more than minimal planning, but not based on vulnerable victim status. |
Criminal Law and Procedure |
|
Nov. 6, 2002 | |
|
02-6052
|
Jernigan v. Stuchell
Despite being told that grievance was lost, inmate failed to exhaust administrative remedies. |
Prisoners Rights |
|
Nov. 6, 2002 | |
|
01-1554
|
U.S. v. Ramirez
Court denied defendant's motion requesting competency evaluation on improper grounds. |
Criminal Law and Procedure |
|
Nov. 6, 2002 | |
|
G029409
|
People v. Malfavon
Child abuse homicide is not lesser included offense within charge of murder. |
Criminal Law and Procedure |
|
Nov. 6, 2002 | |
|
D036223
|
People v. Armstead
Court's comments on testimony in response to jury's question improperly changed scope of evidence. |
Criminal Law and Procedure |
|
Nov. 6, 2002 | |
|
00-16355
|
The Bank of America v. City and County of San Francisco
City ordinances prohibiting banks from charging ATM fees to nondepositors are pre-empted by federal banking laws. |
Banking |
|
Nov. 5, 2002 | |
|
01-10508
|
U.S. v. Holloway
Defendant whose conviction for armed bank robbery is reversed cannot later be charged with violating Hobbs Act. |
Criminal Law and Procedure |
|
Nov. 5, 2002 | |
|
02-5664
|
Sell v. United States
Order |
|
Nov. 5, 2002 | ||
|
02-200
|
O'Lear v. Miller
Order |
|
Nov. 4, 2002 |
