| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-99027
|
Ortiz v. Stewart
No habeas relief, pursuant to Antiterrorism and Effective Death Penalty Act, permissible when state only recently establishes mechanism for appointing postconviction counsel. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-50440
|
U.S. v. Martinez-Vitela
Order |
|
Dec. 30, 1999 | ||
|
C027158
|
Union Safe Deposit Bank v. Floyd
Failure by creditor to strictly comply with notice requirements of the Commercial Code and misstatement of rights to debtor bars deficiency judgment. |
Business Law |
|
Dec. 30, 1999 | |
|
96-17131
|
Association of Mexican-American Educators v. California
Titles VI and VII of Civil Rights Act do not apply to administration of CBEST exam. |
Administrative Agencies |
|
Dec. 30, 1999 | |
|
97-16204
|
Janas v. McCracken
Order |
|
Dec. 30, 1999 | ||
|
D026690
|
N.N.V. v. American Assn. of Blood Banks
Professional medical association not liable for determining medical standards based on evolving medical and scientific knowledge. |
Torts |
|
Dec. 30, 1999 | |
|
98-36073
|
Duhaime v. Ducharme
Under Antiterrorism and Effective Death Penalty Act, life imprisonment without parole if defendant pleads not guilty and later convicted, is not unconstitutional. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-56919
|
In re Kramer
Federal court must still afford attorney due process of law before disbarring him, despite state disciplinary action taken in another jurisdiction. |
Attorneys |
|
Dec. 30, 1999 | |
|
98-15836 and 98-16207
|
In re 2659 Roundhill Dr.
Purchase of privately foreclosed real property bars government forfeiture claim when civil forfeiture proceeding was filed after recordation of trust deed. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-30290
|
U.S. v. Cruz-Guerrero
Involuntary manslaughter involving firearm is an aggravated felony for U.S. Sentencing Guideline purposes. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-35723
|
Gorbach v. Reno
Order |
|
Dec. 30, 1999 | ||
|
98-35884
|
Spicer v. Gregoire
Requiring defendant to prove consent was harmless error when state still had burden to prove that sexual intercourse occurred by 'forcible compulsion.' |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-50606
|
U.S. v. Esparza-Ponce
Petty theft is a crime of moral turpitude, which justifies deportation. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
97-35220 and 97-35221
|
Thomas v. Anchorage Equal Rights
Order |
|
Dec. 30, 1999 | ||
|
96-70973
|
Director, Office of Workers' Compensation Programs v. Coos Head Lumber & Plywood Co.
Administrative law judge's inference of existence of employee's medical record indicating pre-existing condition entitles employer to second injury fund coverage. |
Workers' Compensation |
|
Dec. 30, 1999 | |
|
97-17287
|
B.C. v. Plumas Unified School District
Absent drug problem or reasonable suspicion, school officials can't permit drug-detecting dog to sniff students. |
Civil Rights |
|
Dec. 30, 1999 | |
|
98-50610
|
U.S. v. Gracidas-Ulibarry
Government must only show that illegal alien had general intent to re-enter states without authorized consent. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
97-16853
|
Hunt v. Pasternack
Actual construction of a building isn't required for protection under the Architectual Works Copyright Act. |
Intellectual Property |
|
Dec. 30, 1999 | |
|
98-16806
|
Montero v. AGCO Corp.
No constructive discharge exists when employee resigns months after harassment ceased and harassers were disciplined. |
Employment Law |
|
Dec. 30, 1999 | |
|
96-10527
|
U.S. v. Kaluna
Under federal three strikes law, it's the government burden to demonstrate that prior offenses qualify as 'serious violent felonies.' |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
97-16686
|
Bernstein v. U.S. Department of Justice
Order |
|
Dec. 30, 1999 | ||
|
98-15758
|
Laxmi Investments LLC v. Golf USA
California Franchise Relations Act, not franchise agreement, governs where venue is proper, especially without parties' meeting of the minds on forum selection. |
Contracts |
|
Dec. 30, 1999 | |
|
97-16711
|
Investors Thrift v. Lam (In re Lam)
Bankruptcy creditor forfeits right to appeal from entry of default by failing to seek relief in the court where default was entered. |
Bankruptcy |
|
Dec. 30, 1999 | |
|
98-56755
|
Santoro v. Foreclosures Services Corp.
Grant of summary judgment for defendant, where plaintiff is also granted leave to amend, isn't a final, appealable order. |
Civil Procedure |
|
Dec. 30, 1999 | |
|
98-16625
|
U.S. v. Dawson
Failure to advise defendant of his right to confrontation and privilege against self-incrimination during plea proceedings is subject to harmless-error analysis. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
98-50595
|
U.S. v. Corrales-Beltran
Failure to advise alien that he had the right to appeal bail determination doesn't invalidate deportation when no prejudice shown. |
Criminal Law and Procedure |
|
Dec. 30, 1999 | |
|
97-16646 and 97-16653
|
Ferm v. U.S. Trustee (In re Crawford)
Fine imposed against nonattorney bankruptcy petition preparer for not disclosing social security number does not violate preparer's constitutional or privacy rights. |
Bankruptcy |
|
Dec. 30, 1999 | |
|
98-35146 and 98-35203
|
US West Communications v. MFS Intellect Inc.
Incumbent carrier's challenge to interim rates not ripe where permanent prices have not been fixed in generic price proceeding. |
Government |
|
Dec. 30, 1999 | |
|
99-55050
|
Sutton v. Providence St. Joseph Medical Center
An employee's federal constitutional rights are not violated when a private employer requires a social security number as a hiring condition. |
Employment Law |
|
Dec. 30, 1999 | |
|
B128111
|
Helene Curtis Inc. v. Assessment Appeals Board of Los Angeles County
California Code of Regulations rule is valid in that it does not improperly conflict with Revenue and Taxation Code. |
Taxation |
|
Dec. 30, 1999 |