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Name Category Published
Flippo v. West Virginia
Order 		Oct. 18, 1999
People v. Rivera
Since direct restitution to victim is compensatory, and not a fine or penalty, defendant isn't subject to penalty assessments. 		Criminal Law and Procedure Oct. 14, 1999
People v. Rizo
When the crime charged can't be committed due to factual impossibility, then defendant can only be convicted of attempt. 		Criminal Law and Procedure Oct. 14, 1999
Bosinger v. Phillips Plastics Corp.
Duress must be specifically directed at the arbitration provision, not the contract as a whole, to invalidate an arbitration clause. 		Contracts Oct. 14, 1999
Connecticut Indemnity Co. v. Superior Court (City of Lodi)
City may not subpoena insurance files to assess ability of potential defendants to pay damages for environmental clean-up. 		Government Oct. 14, 1999
People v. Mendoza
Failure of jury verdict to specify convictions are for first degree murder is harmless error. 		Criminal Law and Procedure Oct. 13, 1999
People v. Jackson
Determination of whether a prior robbery conviction constitutes a serious felony rests with the trial court, not the jury. 		Criminal Law and Procedure Oct. 13, 1999
Marriage of Davis
Attorney misconduct, resulting in trial judge's recusal, is a proper basis for conducting a new trial. 		Civil Procedure Oct. 13, 1999
State v. Saiers
Trial court isn't required to give instruction on the consequences of a guilty-except-insane verdict. 		Criminal Law and Procedure Oct. 13, 1999
State Bar v. Tocco
Disciplinary commission improperly modifies and supplements the findings of the hearing committee. 		Attorneys Oct. 13, 1999
Hough v. Fry (In re Hough)
Dischargeability exception under 11 U.S.C. Section 523(a)(17) only applies to fees and costs imposed under federal statute against prisoner litigant. 		Bankruptcy Oct. 13, 1999
MacDonald v. Burgie (In re Burgie)
Proceeds from postpetition sale of debtors' residence are not disposable income that must be used to pay creditors under Chapter 13 plan. 		Bankruptcy Oct. 13, 1999
Manufacturers Life Ins. Co. v. East Bay Restaurant and Tavern Retirement Plan
ERISA pre-empts California's Unclaimed Property Law. 		Employment Law Oct. 13, 1999
Pogue v. Ratelle
Plea agreement regarding property found in defendant's car doesn't bar robbery charges for unrelated crimes. 		Criminal Law and Procedure Oct. 13, 1999
People v. Putney
Sexually Violent Predators Act does not violate prohibitions against ex post facto laws. 		Criminal Law and Procedure Oct. 13, 1999
People v. Rizo
Defendant cannot challenge validity of prior conviction on ground his plea was not voluntary. 		Criminal Law and Procedure Oct. 13, 1999
People v. Rizo
Defendant cannot challenge validity of prior conviction on ground his plea was not voluntary. 		Criminal Law and Procedure Oct. 13, 1999
Brancato v. Gunn
Opinion 		Oct. 12, 1999
Antonelli v. Caridine
Opinion 		Oct. 12, 1999

Opinion 		Oct. 12, 1999
Dempsey v. Martin
Opinion 		Oct. 12, 1999
People v. Hedge
Sexually Violent Predators Act satisfies federal substantive due process and is not unconstitutional. 		Criminal Law and Procedure Oct. 12, 1999
People v. Martinez
Substantial evidence supports finding no prejudice to defendant by four-year delay before information filed. 		Criminal Law and Procedure Oct. 12, 1999
People v. Maupin
Attack on constitutional validity of prior conviction claiming involuntary guilty plea isn't collaterally estopped. 		Criminal Law and Procedure Oct. 12, 1999
People v. Lawrence
Court has discretion under Three Strikes law to sentence concurrently for crimes committed on same occasion. 		Criminal Law and Procedure Oct. 12, 1999
People v. Kidd
Whether a prior conviction is a serious felony for 'three strikes' purposes is a question of law. 		Criminal Law and Procedure Oct. 12, 1999
People v. Maupin
Attack on constitutional validity of prior conviction claiming involuntary guilty plea isn't collaterally estopped. 		Criminal Law and Procedure Oct. 12, 1999
People v. Le
When challenged by defense, prosecution must prove statute of limitations had not tolled. 		Criminal Law and Procedure Oct. 12, 1999
People v. Hatch
Court's prior Section 1385 dismissal constitutes an implied acquittal, barring any new filing against defendant. 		Criminal Law and Procedure Oct. 12, 1999
Soaring Eagles Orchards Inc. v. Chaussee (In re Indian Wells Orchards)
Re-litigation exception to Anti-Injunction Act allows injunction only where state litigation claims have been decided by federal court. 		Bankruptcy Oct. 11, 1999
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