| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-10303
|
U.S. v. Lo
Real estate broker's convictions for mail fraud are overturned because government failed to provide sufficient evidence to establish required mailing element. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
97-55111
|
United Reporting Publishing Corp. v. California Highway Patrol
Order |
|
Jan. 4, 2001 | ||
|
00-50015
|
U.S. v. Lapage
Court reverses conviction when prosecutor fails to correct prosecutorial testimony known to be false. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
99-30388
|
U.S. v. Scheele
In estimating drug quantities attributable to defendant's criminal conduct, court must err on side of caution even if it means reduced sentence. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
99-10405
|
U.S. v. Hayes
When defendant waives right to counsel, court is not required to impart technical legal knowledge, but must advise of inherent pitfalls of self-representation. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
99-10462
|
U.S. v. Jones
Statute prohibiting person who is subject to domestic violence restraining order from possessing firearms is constitutional. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
99-15394
|
Bateman v. U.S. Postal Service
Attorney 's negligent failure to meet filing deadline is excusable neglect, relieving client of final judgment that grants opposing party's motion for summary judgment. |
Civil Procedure |
|
Jan. 4, 2001 | |
|
99-15250
|
Reed v. Dept. of the Interior
Court affirms summary dismissal of suit Burning Man Festival participant brought against government because of Federal Tort Claims Act's 'discretionary function' exception. |
Torts |
|
Jan. 4, 2001 | |
|
99-15638
|
Crum v. Circus Circus Enterprises
Claim may be amended when it does not appear with legal certainty that claim is less than jurisdiction of amount. |
Civil Procedure |
|
Jan. 4, 2001 | |
|
98-71201
|
Gafoor v. INS
Petitioner for asylum need only show that his persecutors were motivated at least partly by one of five protected grounds. |
Immigration |
|
Jan. 4, 2001 | |
|
99-17348
|
Loveland v. Hatcher
Ineffective assistance of counsel may be 'good cause' excusing prisoner's failure to file timely post-conviction relief petition in state court. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
98-71123
|
Sever v. NLRB
Court reverses National Labor Relations Board's use of seniority in calculating back pay for former strikers. |
Labor Law |
|
Jan. 4, 2001 | |
|
97-55429
|
Desert Citizens Against Pollution v. Bisson
Environmental organization has standing to challenge land exchange that does not fulfill statutory requirements establishing value of federal lands. |
Environmental Law |
|
Jan. 4, 2001 | |
|
99-99010
|
Sandoval v. Calderon
Defendant was not entitled to severance of criminal counts but was prejudiced by prosecutor's religious argument for death penalty. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
99-56405
|
Jones v. Smith
Discrepancy between jury instruction on premeditation and omission of premeditated charge is variance, not amendment and therefore does not violate Sixth Amendment. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
99-50302
|
U.S. v. Jackson
Court has no authority to order convicted embezzler to 'cash out' undistributed pension plan funds to comply with restitution order. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
98-50610
|
U.S. v. Gracidas-Ulibarry
Attempted illegal re-entry after deportation requires proof of specific intent to enter illegally. |
Immigration |
|
Jan. 4, 2001 | |
|
99-15602
|
Sprewell v. Golden State Warriors
Appeals court affirms dismissal of basketball player's lawsuit, including allegations of racial discrimination, against Golden State Warriors. |
Civil Procedure |
|
Jan. 4, 2001 | |
|
98-50609
|
U.S. v. Hayes
Secret tape recording of conversation is admissible because it was obtained before formal criminal proceedings were initiated. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
99-10374
|
U.S. v. Alvarez-Valenzuela
Co-conspirator's firearms conviction affirmed because of foreseeabilty of presence of gun during drug trafficking operation. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
B137639
|
Howard Jarvis Taxpayers Association v. City of Los Angeles
Charges for water use are not 'special tax' that requires voter approval. |
Taxation |
|
Jan. 4, 2001 | |
|
00-99017
|
Miller v. Stewart
Stay of execution granted where defendant volunteers to die and there is evidence of psychological deterioration. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
99-10518
|
U.S. v. Middleton
Computer Fraud and Abuse Act prohibiting conduct causing damage to one or more individuals includes damage to corporations. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
99-10431
|
U.S. v. Chea
Court must apply 1994 version of sentencing guideline when imposing sentence on defendant who is subject to undischarged term of imprisonment. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
B135874
|
People v. Moloy
Insurance company is 'direct' victim of defendant's fraud and thus is entitled to restitution. |
Insurance |
|
Jan. 4, 2001 | |
|
B138546
|
Beroiz v. Wahl
California's absolute privilege protecting communications occurring during litigation applies to conduct in Mexico thereby making summary judgment appropriate in defamation case. |
Civil Procedure |
|
Jan. 4, 2001 | |
|
B127047
|
Rallis v. Cassady
In malpractice suit against several firms statute of limitations tolled for former law firm of attorney who continues representing client in same subject matter. |
Torts |
|
Jan. 4, 2001 | |
|
A089524
|
County of Sonoma v. Commission on State Mandates et al.
State does not have obligation to reimburse county when it enacts statute reallocating property tax revenue. |
Government |
|
Jan. 4, 2001 | |
|
B134371
|
People v. Strohman
Receiving stolen property is not lesser included offense of operating chop shop. |
Criminal Law and Procedure |
|
Jan. 4, 2001 | |
|
F034993
|
Fresno Unified School District v. Workers' Compensation Appeals Board
Employee's non work related heart attack does not disqualify him from benefits for previous workplace injury. |
Employment Law |
|
Jan. 4, 2001 |