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State of California v. Superior Court (Nagel)
Government is immune from recovery for injuries suffered by non-employees engaged in firefighting activities.
Government Jul. 3, 2001
Adoption of Daniele G.
Biological father's interest in forming relationship with child doesn't outweigh detriment to child if removed from guardians.
Family Law Jul. 3, 2001
People v. Carrillo
Court correctly determines it does not have discretion to conditionally dismiss strike allegations pursuant to Penal Code Section 1385.
Criminal Law and Procedure Jul. 3, 2001
People v. Sandoval
Prosecutor must make reasonable effort to obtain trial appearance of crucial witness who resides in Mexico.
Criminal Law and Procedure Jul. 3, 2001
People v. Murphy
Court should apply Three Strikes Law and habitual sexual offender statute in sentencing defendant who meets criteria of both.
Criminal Law and Procedure Jul. 3, 2001
New York Times Co. Inc. v. Tasini
Print publishers violate copyright law by distributing freelance articles to electronic publishers without permission.
Intellectual Property Jul. 2, 2001
Calcano-Martinez v. INS
Lawful permanent residents appealing removal due to convictions for aggravated felonies may pursue their habeas petitions through Section 2241 action.
Immigration Jul. 2, 2001
United States v. United Foods, Inc.
Assessments imposed against mushroom growers to fund advertising promoting mushroom sales violated first amendment.
Constitutional Law Jul. 2, 2001
Federal Election Commission v. Colorado Republican Federal Campaign Committee
Limitations on political expenditures coordinated with a candidate may be limited under federal election law.
Administrative Agencies Jul. 2, 2001
Nevada v. Hicks
Tribal courts lack jurisdiciton to adjudicate state wardens' alleged tortious conduct in executing search warrant on reservation for an off-reservation crime.
Native American Affairs Jul. 2, 2001
State v. Barker
Oregon police officer did not have authority of law to arrest intoxicated driver in Washington.
Criminal Law and Procedure Jul. 2, 2001
O'Connor v. Washington State Dept. of Social and Health Services
Disclosure under Public Records Act is required even during litigation if records could be obtained through civil court discovery rules.
Civil Procedure Jul. 2, 2001
State v. Vreen
Erroneous denial of peremptory challenge is not harmless when objectionable juror actually deliberates on jury that convicted defendant.
Criminal Law and Procedure Jul. 2, 2001
INS v. St. Cyr
U.S. resident who was convicted of deportable crime prior to enactment of immigration law may seek relief from deportation.
Immigration Jul. 2, 2001
People v. Howze
Because of defendant's disruptive behavior and refusal to appear in court, court didn't err in commencing trial in defendant's absence.
Criminal Law and Procedure Jul. 2, 2001
Cheek v. Employment Security Department
Court properly dismissed petitioner's appeal of denial of unemployment insurance where petitioner failed to timely serve Department of Unemployment Insurance.
Employment Law Jul. 2, 2001
State v. Marsh
Statute disqualifying non-English speaking potential jurors complies with public policy and is constitutional.
Criminal Law and Procedure Jul. 2, 2001
State v. Walls
As required by escape statute, defendant was detained pursuant to felony conviction when causal relationship between warrant and prior felony convictions exists.
Criminal Law and Procedure Jul. 2, 2001
State v. Leffingwell
Washington courts have jurisdiction if essential element of offense is committed in state.
Criminal Law and Procedure Jul. 2, 2001
Lian v. Stalick
Landlord breached implied warranty of habitability when he failed to repair deteriorating steps that provided sole means of access to tenant's apartment.
Torts Jul. 2, 2001
Franklin v. USX Corp.
Company not liable for plaintiff's injuries allegedly caused by Western Pipe & Steel Shipyard, when no successor in interest liability attaches.
Torts Jul. 2, 2001
People v. Epps
Denial of jury trial for defendant's prior offenses does not require reversal of latest conviction.
Criminal Law and Procedure Jul. 2, 2001
People v. Morales
No prosecutorial misconduct in closing statement that asserted drug use implies drug possession where defendant did not dispute possession.
Criminal Law and Procedure Jul. 2, 2001
People v. Atkins
Evidence of voluntary intoxication does not negate requisite intent required to prove mental state for arson.
Criminal Law and Procedure Jul. 2, 2001
Stuart v. D'Ascenz
Right of first refusal in lease agreement does not constitute a purchase option.
Real Property Jul. 2, 2001
Steam Boat Springs v. City and County of Denver
Taxpayer is not entitled to hearing on refund issue where taxability question is already resolved.
Taxation Jul. 2, 2001
Sullivan v. Industrial Claim Appeals
Member of National Guard not entitled to workers' compensation benefits.
Workers' Compensation Jul. 2, 2001
People v. J.M.
Trial court not authorized to sentence parent of juvenile delinquent to jail.
Criminal Law and Procedure Jul. 2, 2001
Lazuk v. School District No. 1
School board approval not required for transfer of teacher to different high school.
Employment Law Jul. 2, 2001
Rojhani v. Meagher
Exclusion of physician's procedure note was not improper where content of note used to cross-examine expert witness.
Torts Jul. 2, 2001