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Name Category Published
State v. Dauenhauer
Jury instruction regarding defendant's election not to testify was not prejudicial but restitution order was improper. 		Criminal Law and Procedure May 10, 2001
State v. Hall
Court's refusal to give voluntary intoxication and attempted assault instructions and to include intent in 'to convict' instructions was not error. 		Criminal Law and Procedure May 10, 2001
Colwell v. Holy Family Hospital
Registered nurse is not competent witness as to cause of death of patient in medical malpractice action. 		Torts May 10, 2001
Mason v. Young (In re Young)
Bankruptcy court does not err in determining debtor converted from Chapter 7 to Chapter 13 bankruptcy in good faith. 		Bankruptcy May 10, 2001
State of Washington v. Cook
Probable cause to arrest where passenger of stopped vehicle gives officer independent cause to question and illegal drugs in plain view. 		Criminal Law and Procedure May 10, 2001
Petralia v. Jercich (In re. Jercich)
Debt arising from debtor's tortious conduct that gives rise to 'willful and malicious injury' is excepted from discharge. 		Bankruptcy May 10, 2001
State v. Hernandez-Hernandez
No ineffective assistance of counsel in cocaine delivery case where attorney argued mitigating factors for lower range standard sentence. 		Criminal Law and Procedure May 10, 2001
State v. Daniels
State court has jurisdiction over defendant who fails to establish membership in a recognized Native American tribe. 		Native American Affairs May 10, 2001
In re Kim
Debtor's retirement funds are exempt from bankruptcy estate because he was not eligible for retirement until after petition was filed. 		Bankruptcy May 10, 2001
Krasnoff v. Marshack (General Carriers Corp.)
Bankruptcy court has no jurisdiction to hear abstention motion when no adversary proceedings were before it. 		Bankruptcy May 10, 2001
Tobin v. Sans Souci Limited Partnership (In re Tobin)
President who had no knowledge of fraud of corporation is not precluded from seeking discharge of his debt through bankruptcy. 		Bankruptcy May 10, 2001
Tsurukawa v. Nikon Precision Inc. (In re Tsurukawa, fdba High Innovation)
Martial union alone cannot serve as basis for imputing fraud from one spouse to other under bankruptcy code. 		Bankruptcy May 10, 2001
First Card v. Hunt (In re Hunt)
Debtor did not act fraudulently absent proof that credit card debt was incurred in bad faith with intention of filing bankruptcy. 		Bankruptcy May 10, 2001
Ganis Credit Corp. v. Anderson (In re Weilert)
Creditor is not entitled to preferential payment made outside 20-day time limit that is business industry standard. 		Bankruptcy May 10, 2001
Crow Winthrop Development Limited Partnership v. Jamboree LLC (In Re Crow Winthrop Operating Partnership)
Contract provision that terminated parking privileges in event of facility's change of ownership is invalid anti-assignment clause. 		Bankruptcy May 10, 2001
Crump v. United States (In re Crump)
There was sufficient notice of seizure and sale of debtor's property and delegating authority to conduct sale to private company is appropriate. 		Bankruptcy May 10, 2001
In re Gomez
Non-attorney bankruptcy petition preparer violates 11 U.S.C. Section 110 by advertising legal services and engaging in unfair and deceptive acts. 		Bankruptcy May 10, 2001
In re Spade
Bankruptcy court to abstain from hearing case when state court provides suitable alternate forum. 		Bankruptcy May 10, 2001
McKowen v. United States (In re McKowen)
Debtor's obligation to IRS based on transferee liability under federal statute is non-tax debt and thus discharged through bankruptcy proceedings. 		Bankruptcy May 10, 2001
In re Marin
Attorney fails to comply with bankruptcy provisions requiring disclosure of fees and application for fees paid out of bankruptcy estate. 		Bankruptcy May 10, 2001
In re Vogt
Collection agency has no obligation to change way it reports the status of debt under Bankruptcy Code. 		Bankruptcy May 10, 2001
People v. Franz
Shushing sound along with throat-slashing gesture made by defendant to witnesses was sufficient verbal communication to constitute terrorist threat. 		Criminal Law and Procedure May 10, 2001
People v. Herrera
Additional three-year term gang enhancement may be applied to 25 years to life first-degree murder sentence. 		Criminal Law and Procedure May 10, 2001
Judy v. Hanford Environmental Health Foundation
Worker may not sue employer who failed to inform her that health examination revealed she was not physically capable of performing job. 		Employment Law May 9, 2001
U.S. v. Sparks
Order 		Criminal Law and Procedure May 9, 2001
Rylee v. Massanari
Order 		Administrative Agencies May 9, 2001
Lorillard Tobacco Co. v. Reilly
Order 		May 9, 2001
Kane v. Bank of America National Trust and Savings Association, Inc.
Unconventional endorsements didn't create duty in bank to inquire into validity of transactions underlying checks. 		Banking May 9, 2001
Park v. INS
Conviction for involuntary manslaughter under California Penal Code constitutes aggravated felony for which alien is deportable. 		Immigration May 9, 2001
Lambright v. Stewart
Convicted murderer granted evidentiary hearing on ineffective assistance of counsel claim because he presented colorable claim for relief. 		Criminal Law and Procedure May 9, 2001
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