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Name Category Published
In re the Recall of Lakewood City Council Members
City council's meeting with city attorney was protected by attorney/client privilege and did not violate Open Public Meetings Act.
Government Sep. 20, 2001
State v. Tili
Court properly imposed special sentence against defendant guilty of multiple penetrations during rape instead of sentence of three separate counts of rape.
Criminal Law and Procedure Sep. 20, 2001
Lakeview Blvd. Condominium Assn. v. Apartment Sales Corp.
Statute insulating building contractors from lawsuit for weather damage to condominium is constitutional.
Torts Sep. 20, 2001
Personal Restraint Petition of Vazquez
Second personal restraint petition must be introduced on different grounds than original petition and must be brought for good cause.
Criminal Law and Procedure Sep. 20, 2001
State v. Cho
Defendant may be entitled to new trial based on juror misconduct when juror failed to disclose material fact during voir dire.
Criminal Law and Procedure Sep. 20, 2001
Reed v. Superior Court (Case Financial Inc.)
Motion to disqualify attorney that is still pending does not automatically require stay of all trial matters.
Civil Procedure Sep. 20, 2001
People v. Cook
Sep. 20, 2001
In re Williams Kirkpatrick
Order
Sep. 20, 2001
In re Kirkpatrick on Habeas Corpus
Order
Sep. 20, 2001
People v. Williams
Use of former assault jury instruction is reversible error due to incorrect requirement for mental state element.
Criminal Law and Procedure Sep. 19, 2001
Renee J., a Minor
Denial of reunification services an error when there is no evidence that mother's long-standing drug problems impaired her ability to parent.
Juveniles Sep. 19, 2001
Utility Cost Management v. Indian Wells Valley Water District
Claim for refund of excessive fees charged by utility company is not barred by the statute of limitations under Government Code Section 66022.
Civil Procedure Sep. 19, 2001
People v. Mooc
Cross examination about absent third party's statements and failure to divulge officer's entire personnel record result in unfair trial.
Criminal Law and Procedure Sep. 19, 2001
Ortega v. K Mart Corp.
Merchant's shoddy inspection practices can infer that substance on floor has been there long enough that reasonable inspection would have led to its discovery.
Torts Sep. 19, 2001
Chubb & Son Inc. v. Clark (In re. Clark)
Court errs in holding creditors' exemption motion untimely when, among other things, trustee announces continued meeting date within reasonable time.
Bankruptcy Sep. 18, 2001
Cramer v. Consolidated Freightways Inc.
Because employees' privacy claims against employer are not covered by collective bargaining agreement, claims are not pre-empted by Labor Relations Management Act.
Labor Law Sep. 18, 2001
Sommatino v. United States
District court doesn't have jurisdiction to consider Title VII claim when employee fails to file EEOC administrative complaint first.
Civil Procedure Sep. 18, 2001
U.S. v. Antonakeas
Defendant who fled country prior to sentencing has no grounds to challenge extradition.
Criminal Law and Procedure Sep. 18, 2001
U.S. v. Pirello
Two level sentence enhancement was warranted against defendant who used mass-marketing on Internet to commit wire fraud.
Criminal Law and Procedure Sep. 18, 2001
High Country Resources and Glacier Energy Company v. Federal Energy Regulatory Commission
Court lacked jurisdiction over statutory interpretation issue relating to license for hydroelectric project because petitioner failed to raise issue in administrative proceedings.
Administrative Agencies Sep. 18, 2001
Zimmerman v. City of Oakland
Defendants violated plaintiff's 14th Amendment rights when they ordered several vehicles removed from plaintiff's property without first making factual determinations.
Constitutional Law Sep. 18, 2001
Sanchez-Cruz v. INS
Appeals court is barred from reviewing claim of bias by immigration judge because petitioner failed to exhaust claim before Board of Immigation Appeals.
Immigration Sep. 18, 2001
U.S. v. Hayden
Criminal defendant whose sentence reflects prior convictions is not entitled to recalculation of sentence after prior convictions are set aside.
Criminal Law and Procedure Sep. 18, 2001
Adams v. United States
Owners of land surrounded by federal land must obtain use permits and United States is entitled to right of way across property.
Real Property Sep. 18, 2001
Kulas v. Flores
Among other things, court did not improperly remove pro se plaintiff from courtroom because of disruptive behavior.
Criminal Law and Procedure Sep. 18, 2001
Trustees of Directors Guild of America-Producer Pension Benefits Plans v. Tise
Amended opinion
Sep. 18, 2001
Hughes v. Ashcroft
Since petitioner was neither born in United States nor applied for citizenship, he did not qualify as noncitizen national.
Immigration Sep. 18, 2001
Allen v. Lewis
Prison transfer did not make it impossible for prisoner to file habeas petition during deadline.
Criminal Law and Procedure Sep. 18, 2001
U.S. v. Enas
Double jeopardy clause isn't breached by successive tribal and federal prosecution of nonmember Indian.
Criminal Law and Procedure Sep. 18, 2001
U.S. v. Rousseau
Felon's convictions for possession of firearms are affirmed because police properly seized them during his arrests.
Criminal Law and Procedure Sep. 18, 2001