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Tamalini v. Stewart
Convicted defendant has no Sixth Amendment rights on appeal, including qualified right to choice of counsel.
Criminal Law and Procedure Jul. 18, 2001
Scribner v. Worldcom Inc.
Ordinary meaning of employment contract does not permit termination of 'exemplary' employee to facilitate sale of corporate division.
Employment Law Jul. 18, 2001
Simeonoff v. Hiner
Seaman may not be held contributorily negligent for responding to urgent call for assistance from superior.
Maritime Law Jul. 18, 2001
Carlson v. Reed
Public university may treat holder of temporary nonimmigrant visa as non-resident when assessing tuition.
Education Jul. 18, 2001
In re John S.
Non-custodial parent who is registered sex offender must prove contact with child does not pose substantial risk of abuse or neglect.
Juveniles Jul. 18, 2001
Lee v. Wells Fargo Bank
Six month deadline to renew request for attorney fees after intial motion was denied begins to run on date of judge's order.
Civil Procedure Jul. 18, 2001
People v. Hubbart
Sexually Violent Predator Act doesn't violate constitutional guarantees of equal protection and due process.
Criminal Law and Procedure Jul. 18, 2001
Slatkin v. University of Redlands
Summary judgment proper against professor who failed to bring evidence to prove that University denied her tenure because she was Jewish.
Education Jul. 18, 2001
Baldwin v. Kilpatrick (In re Baldwin)
Bankruptcy court properly gave preclusive effect to state court's default judgment.
Bankruptcy Jul. 18, 2001
U.S. v. Hardeman
Amended opinion
Jul. 18, 2001
McGregor v. Gibson
Habeas petition granted where petitioner was found competent under unconstitutional burden of proof and reasonable judge should have doubted his competence.
Criminal Law and Procedure Jul. 18, 2001
U.S. v. Lam
Defendant failed to prove violation of right to speedy trial and his double jeopardy and due process claims fail.
Criminal Law and Procedure Jul. 18, 2001
Groten v. State of California
State's refusal to grant plaintiff temporary real estate appraiser's license violated his constitutional rights.
Constitutional Law Jul. 18, 2001
Boyce v. Ashcroft
Proper avenue to challenge denial of first amendment rights is 42 U.S.C. Section 1983 and not Section 2241.
Criminal Law and Procedure Jul. 18, 2001
Van Camp & Bennion P.S. v. United States
Personal problems, financial difficulties and reliance on accountant can demonstrate reasonable cause for tax violations and determining penalties.
Taxation Jul. 18, 2001
Petrocelli v. Angelone
Among other things, court abuses discretion in dismissing certain claims as abuse of writ and errs in dismissing others as procedurally barred.
Criminal Law and Procedure Jul. 18, 2001
Ehret v. Congoleum Corporation
Postjudgment interest runs from date of entry of original judgment.
Civil Procedure Jul. 18, 2001
People v. Bland
Order
Jul. 18, 2001
People v. Barnum
Order
Criminal Law and Procedure Jul. 17, 2001
People v. Cole
Defendant is not entitled to reduced sentence merely because court agreed to consider striking prior conviction.
Criminal Law and Procedure Jul. 17, 2001
Simons v. Steverson
Court has personal jurisdiction over nonresident law firm that employed attorney licensed in California and who performed legal services in California.
Civil Procedure Jul. 17, 2001
Consumer Cause Inc. v. Arco Oil & Gas Co.
Citizens group may not sue for pollution because notice was not specific enough to allow companies to remedy alleged violations.
Civil Procedure Jul. 17, 2001
People v. Tobias
Child under 18 years of age who has consensual sexual relationship with parent is not accomplice to parent's crime.
Criminal Law and Procedure Jul. 17, 2001
Herrera v. State of California Dept. of Real Estate
Revocation of Realtor's license three years after State Bar suspends him from practice of law is within statute of limitations.
Administrative Agencies Jul. 17, 2001
People v. American Surety Insurance Co.
Bond was properly forfeited where defendant failed to appear at sentencing hearing after he had already been convicted and given 'indicated' sentence.
Criminal Law and Procedure Jul. 17, 2001
Lockhart v. Terhune
Amended opinion
Jul. 17, 2001
Gifford v. City of Los Angeles
LAPD can refuse concealed firearm license to applicant who lacks sufficient documentation and evidence of threats to his life.
Government Jul. 17, 2001
Trevor W., a Minor
Juvenile's conviction was supported by sufficient evidence and crime was not committed under duress, but length of sentence violated statute.
Criminal Law and Procedure Jul. 17, 2001
Vallely Investments LP v. Bancamerica Commercial Corp.
Tenant who received assignment of lease is liable to property owner after foreclosure of mortgage.
Real Property Jul. 17, 2001
People v. Kurey
Child pornography statute allowing conviction when minor appears under 18 is not unconstituional and evidence of apparent age is admissible.
Criminal Law and Procedure Jul. 17, 2001