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Name Category Published
State v. Smith
Amendment to Sentencing Reform Act does not apply to revive felony juvenile adjudications committed prior to 1997.
Juveniles Sep. 23, 2001
Davis v. State of Washington
State is not liable for injuries on public recreation land left in its natural state.
Torts Sep. 23, 2001
State v. Goodman
Domestic abuse may be considered aggravating factor when sentencing for arson conviction.
Criminal Law and Procedure Sep. 23, 2001
City of Seattle v. Patu
Where defendant himself invited instructional error by proposing constitutionally deficient jury instruction, court cannot grant relief.
Criminal Law and Procedure Sep. 23, 2001
Dahl v. Parquet and Colonial Hardwood Floor Co. Inc.
Party to binding arbitration is not entitled to trial de novo.
Contracts Sep. 23, 2001
Bowyer v. Philip Morris Inc.
Order
Sep. 20, 2001
Safeco Insurance Co. of America v. Robert S.
Exclusion in homeowners policy for 'illegal acts' is unambiguous and doesn't require insurer to indemnify a wrongful death action.
Insurance Sep. 20, 2001
Richards v. CH2M Hill Inc.
Continuing violation doctrine isn't viable when premised on series of discrete, discriminatory acts that were apparent before limitations period commenced.
Employment Law Sep. 20, 2001
People v. Cervantes
Provocative act doctrine only requires the murder to be the proximate cause of death and natural and probable consequence of defendant's actions.
Criminal Law and Procedure Sep. 20, 2001
Lugtu v. California Highway Patrol
Law enforcement officers have legal duty to use reasonable care for safety of persons stopped for traffic violations.
Torts Sep. 20, 2001
Safeco Insurance Company of America v. Robert S.
Illegal-act exclusion, which can't be given meaning, is rejected as invalid and wrongful death action is within coverage of homeowners' policy.
Insurance Sep. 20, 2001
State v. Hoggatt
Defendant's cohabitant's voluntary consent justified officer's warrantless entry into living room.
Criminal Law and Procedure Sep. 20, 2001
State v. Neal
Laboratory drug report that fails to identify person from whom substance was received cannot be admitted as evidence.
Criminal Law and Procedure Sep. 20, 2001
State v. Lansden
Search warrant issued to code inspector invalid for purpose of searching for evidence of crime.
Criminal Law and Procedure Sep. 20, 2001
City of University Place v. McGuire
Diminishing Asset Doctrine and valid non-conforming use will permit mining operation despite zoning restriction.
Real Property Sep. 20, 2001
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