| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
97-0130
|
State v. Smith
Reversible error occurs where trial court doesn't personally address defendant to ascertain whether waiver of jury trial was knowing, intelligent, and voluntarily. |
Criminal Law and Procedure |
|
Oct. 26, 1999 | |
|
95-10455
|
U.S. v. Doe
Order |
|
Oct. 26, 1999 | ||
|
98-0247
|
State v. Riley
Telephonic testimony at a suppression hearing does not violate a defendant's right to confront witnesses. |
Criminal Law and Procedure |
|
Oct. 26, 1999 | |
|
98-0019
|
Arizona Dept. of Revenue v. Great Western Publishing Inc.
Publication resembling only advertising section is not itself a newspaper, and thus, no deduction is permitted. |
Taxation |
|
Oct. 26, 1999 | |
|
96CA2293
|
Harvey v. Farmers Ins. Exchange
Award of costs to defendant appropriate where judgment for plaintiff is less than offer settlement. |
Insurance |
|
Oct. 26, 1999 | |
|
A082458
|
Marriage of deRoque
Court's modification of custody order, rejecting expert's recommendation, was nonetheless proper because it was designed to serve child's best interests. |
Family Law |
|
Oct. 22, 1999 | |
|
97-71318
|
The Unabom Trial Media Coalition v. U.S. District Court (United States)
Guilty plea by defendant moots petition by news media to compel release of juror information in high-profile case that was closed in pretrial proceeding. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
|
97-56531
|
Meek v. County of Riverside
Judges aren't absolutely immune for firing a subordinate judicial employee because it's an administrative, rather than adjudicative, act. |
Judges |
|
Oct. 22, 1999 | |
|
98-15507
|
Yang v. State of California Dept. of Social Services
Non-citizen veterans may not receive retroactive payment for welfare benefits that were taken away by Congress but later restored. |
Government |
|
Oct. 22, 1999 | |
|
98-50522
|
U.S. v. Lara-Aceves
When prior administrative deportation order is element of an offense, defendant bears burden to demonstrate due process violation at underlying hearing. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
|
98-55563
|
Nino v. Galaza
Attempting to exhaust state court remedies after death-penalty conviction tolls one-year limitation on federal habeas corpus relief. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
|
97-56418 and 98-55128
|
Radio Television Espanola S.A. v. New World Entertainment Ltd.
Licensing of copyrighted audiovisual work requires a written contract signed by the copyright owner. |
Intellectual Property |
|
Oct. 22, 1999 | |
|
97-10386, 97-10387 and 97-10390
|
Matter of the Requested Extradition of Kevin John Artt
Order |
|
Oct. 22, 1999 | ||
|
97-16204 and 97-16240
|
Janas v. McCracken
Circumstantial evidence of deliberate misconduct must be factually pleaded in detail to prevail under Private Securities Litigation Reform Act. |
Securities |
|
Oct. 22, 1999 | |
|
D031041
|
People ex rel. Lockyer v. Shamrock Foods Co.
California law allows sale of milk not meeting state standards so long as it is labeled according to federal law. |
Administrative Agencies |
|
Oct. 22, 1999 | |
|
G023347
|
People v. Montes
Use of a thick chain in a manner intended to cause maximum injury constitutes assault with a deadly weapon. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
|
H018276
|
Kleitman v. Superior Court (Wesley)
Court can't compel city council members to disclose personal recollections of closed city council meeting even if Brown Act violation alleged. |
Government |
|
Oct. 22, 1999 | |
|
C032139
|
Carlos G., a Minor
Dependency court needn't apply Indian Child Welfare Act after notices sent to tribes yield only replies that minor isn't child under Act. |
Juveniles |
|
Oct. 22, 1999 | |
|
B118328
|
People v. American Contractors Indemnity
Surety's motion to set aside bail forfeiture, on the ground that defendant was located in another country, requires 15 days notice. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
|
A087145
|
In re Kirk
Trial court improperly considers noncertified psychological evaluations in making Sexually Violent Predator determination. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
|
A084410
|
Marriage of Campbell
Extrinsic evidence offered to prove that oral transmutation occurred between spouses regarding real property is precluded by Family Code. |
Family Law |
|
Oct. 22, 1999 | |
|
C013846, C016505 and C019267
|
Paterno v. State of California
Inverse condemnation judgment awarded on erroneous legal theory and inaccurate law isn't proper and warrants a retrial. |
Real Property |
|
Oct. 22, 1999 | |
|
B114847
|
People v. Soto
Trial court lacks discretion to reduce sentence from first-degree murder to voluntary manslaughter when evidence could not support manslaughter conviction. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
|
B124263 and B125272
|
Lagatree v. Luce, Forward, Hamilton & Scripps
Termination of employee who refuses to sign predispute arbitration agreement regarding work-related disputes doesn't violate public policy. |
Employment Law |
|
Oct. 22, 1999 | |
|
F029915
|
People v. Pena
Firearm inside a toolbox in the bed of a pickup truck is not in 'immediate personal possession' of driver. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
|
C025957
|
People v. Buffington
No equal protection violation exists in evidentiary standards or psychological treatment under Sexually Violent Predators Act. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
|
B122170
|
County of Los Angeles v. Taylor Billingslea Bail Bonds
Trial court may extend period to vacate bond forfeiture only for total of 180 days. |
Criminal Law and Procedure |
|
Oct. 22, 1999 | |
|
B116276
|
Auerbach v. Great Western Bank
Continuation of pre-existing duty isn't injury for fraud purposes. |
Torts |
|
Oct. 22, 1999 | |
|
B108984
|
Saret-Cook v. Gilbert, Kelly, Crowley & Jennett
Rescission is unavailable where substantial delay by rescinding party results in prejudice to opposing party. |
Contracts |
|
Oct. 22, 1999 | |
|
A076289
|
Eisenberg v. Alameda Newspaper Inc.
Statements in newspaper retraction aren't defamatory as a matter of law, and newspaper can't assert 'litigation privilege' to avoid potential lawsuit. |
Torts |
|
Oct. 22, 1999 |