| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-55392
|
Turtle Rock Meadows Homeowners Association v. Slyman (In re Slyman)
In order to prove delinquent homeowners dues are nondischargeable debt homeowners association must demonstrate all elements of common law fraud. |
Bankruptcy |
|
Mar. 1, 2001 | |
|
99-15735
|
Tillman v. Association of Apartment Owners
Thirty day tolling of time to file notice of appeal not applicable where motion for new trial not filed in timely manner |
Civil Procedure |
|
Mar. 1, 2001 | |
|
99-15263
|
Shackelford v. Hubbard
Despite erroneous felony murder jury instruction, defendant found guilty of first degree murder by torture where jury found crime committed with malice |
Criminal Law and Procedure |
|
Mar. 1, 2001 | |
|
98-35964
|
Lower Elwha Band of S'Klallams v. Lummi Indian Tribe
Based on geography of area and judge's lack of reference, Admiralty Inlet is included in Lummi Tribe's usual fishing grounds and stations. |
Native American Affairs |
|
Mar. 1, 2001 | |
|
99-50753
|
U.S. v. Syrax
Court did not err in refusing to group fraud and money laundering offenses in single group, thus, two level sentence enhancement proper. |
Criminal Law and Procedure |
|
Mar. 1, 2001 | |
|
99-35104
|
United States v. State of Washington
Fish taken by Chehalis Indian Tribe, which was not party to original fishing- rights treaty, must be attributed to State. |
Native American Affairs |
|
Mar. 1, 2001 | |
|
99-36024
|
GATX/Airlog Company v. United States
Under Federal Torts Claims Act, FAA has power to issue airworthiness certificates and change certificates through directives within discretionary function exception |
Administrative Agencies |
|
Mar. 1, 2001 | |
|
99-50603
|
U.S. v. Aragbaye
Court appropriately relies on sentencing guidelines for tax offenses rather than fraud where defendant pleaded guilty to filing false income tax returns. |
Criminal Law and Procedure |
|
Mar. 1, 2001 | |
|
99-36224
|
Muckleshoot Indian Tribe v. Lummi Indian Nation
Geographical scope of Lummi Indian Tribe's fishing rights is limited based on interpretation of 1974 opinion. |
Native American Affairs |
|
Mar. 1, 2001 | |
|
99-35960
|
U.S. v. Muckleshoot Indian Tribe
Geographical scope of Muckleshoot Indian Tribe's fishing rights is limited by usual and accustomed fishing area. |
Native American Affairs |
|
Mar. 1, 2001 | |
|
99-10443
|
U.S. v. Gamez-Orduno
Suspected drug smugglers who are invited to stay overnight in trailer have reasonable expectation of privacy. |
Criminal Law and Procedure |
|
Mar. 1, 2001 | |
|
99-15458
|
Anthony v. Cambra
Court errs in treating amended habeas petition as second petition and dismissing it as abuse of the writ. |
Criminal Law and Procedure |
|
Mar. 1, 2001 | |
|
99-30171
|
U.S. v. Fresnares-Torres
Government not required to include facts relating to prior conviction as element of offense in case involving illegal re-entry after deportation |
Immigration |
|
Mar. 1, 2001 | |
|
99-55897
|
Streit v. County of Los Angeles
When L.A. County Sheriff's Department extends prisoner release date for records check, it is acting for county and subject to liability. |
Government |
|
Mar. 1, 2001 | |
|
S093804
|
Adam N., a Minor
Father who fails to establish child's membership in Indian tribe is not entitled to reversal of custody ruling. |
Native American Affairs |
|
Mar. 1, 2001 | |
|
01-0062
|
In re Leon G.
Court grants interlocutory stay barring release of prisoners convicted under Sexually Violent Persons Act until constitutionality of act is determined. |
Criminal Law and Procedure |
|
Mar. 1, 2001 | |
|
99CA0635
|
Pfenninger v. Exempla
Physician is not required to exhaust administrative remedies prior to commencement of defamation claim arising out of peer review. |
Torts |
|
Mar. 1, 2001 | |
|
98CA1576
|
Continental Western Insurance Co. v. Jim's Hardwood Floor Co.
|
|
Mar. 1, 2001 | ||
|
98CA1407
|
Nicholas v. North Colorado Medical Center
|
|
Mar. 1, 2001 | ||
|
99CA0433
|
Dunne v. Shenandoah Homeowners Association Inc.
|
|
Mar. 1, 2001 | ||
|
99SC780
|
People v. Johnson
|
|
Mar. 1, 2001 | ||
|
S085029
|
People v. Palmer
Order |
Criminal Law and Procedure |
|
Feb. 28, 2001 | |
|
B136170
|
Pegorare v. Wong
Creditor not required to exhaust security before personally suing debtor when debtor does not demand foreclosure during trail. |
Real Property |
|
Feb. 28, 2001 | |
|
F031900
|
People v. Lara
Criminal defendant who retained private counsel may discharge counsel so long as it did not cause significant prejudice and request is timely. |
Criminal Law and Procedure |
|
Feb. 28, 2001 | |
|
A088787
|
Bryan v. Bank of America
Attorney who made factual misrepresentations to court may be sanctioned and required to pay attorney fees for violation of court rules. |
Attorneys |
|
Feb. 28, 2001 | |
|
A088560
|
People v. Hill
Jury instruction was properly worded so that defendant could not be convicted based on prior sexual offenses. |
Criminal Law and Procedure |
|
Feb. 28, 2001 | |
|
B139322
|
People v. Building Permit Consultants Inc.
Court correctly denies defendant's motion to dismiss lawsuit as SLAPP action when they fail to show lawsuit brought to chill First Amendment Rights. |
Civil Procedure |
|
Feb. 28, 2001 | |
|
F018487
|
Melton v. Industrial Indemnity Co.
Though employee was fired, employer is covered under general coverage provisions of workers' compensation policy and insurer has duty to defend. |
Workers' Compensation |
|
Feb. 28, 2001 | |
|
H019958
|
People v. Hsieh
Prosecution fails to produce sufficient evidence of secrecy and value of information to support defendant's conviction of trade-secret theft. |
Intellectual Property |
|
Feb. 28, 2001 | |
|
F031202
|
People v. Peracchi
Police may not question suspect about his reasons for invoking Miranda rights. |
Criminal Law and Procedure |
|
Feb. 28, 2001 |
