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Name Category Published
Oubre v. Entergy Operations Inc.
Certiorari granted
Jul. 11, 1999
United States v. Lorentsen
Order
Jul. 11, 1999
People v. Smith
Judge presiding over renewed suppression hearing isn't disqualified for hearing earlier proceeding.
Criminal Law and Procedure Jul. 11, 1999
People v. Ellis
Period of extended commitment for mentally disordered offender doesn't include time spent as 'outpatient.'
Criminal Law and Procedure Jul. 11, 1999
U.S. v. Garcia
Maximum supervised release periods in Anti-Drug Abuse Act override shorter terms of general sentencing statute.
Criminal Law and Procedure Jul. 11, 1999
U.S. v. Stoddard
For double jeopardy, unitary enterprise's enlarged scope and changed participant roles don't create multiple conspiracies.
Criminal Law and Procedure Jul. 11, 1999
U.S. v. Garcia-Olmedo
Successive marijuana-possessions are aggravated felonies under Immigration and Nationality Act's criminal provisions.
Criminal Law and Procedure Jul. 11, 1999
Bennett v. Plenert
Order
Jul. 11, 1999
Wilson v. City of San Jose
Dismissal intent letter to defendant supports voluntary dismissal after clerk improperly refuses to file dismissal notice.
Civil Procedure Jul. 11, 1999
U.S. v. Tsinhnahijinnie
Proof is insufficient to prove defendant committed crime charged on any date included within indictment.
Criminal Law and Procedure Jul. 11, 1999
Holmes v. California Army National Guard
Military can discharge officer on inference of homosexual conduct after admission and without corroborating evidence.
Government Jul. 10, 1999
Ridgley v. Topa Thrift and Loan Association
Penalty triggered by prepayment on a loan is not an invalid late charge or forfeiture.
Contracts Jul. 10, 1999
U.S. v. Chee
No third acceptance of responsibility point for defendant pleading guilty just before trial after victim recants.
Criminal Law and Procedure Jul. 10, 1999
Simmons v. Blodgett
No federal habeas relief if factual issue regarding constitutional trial error stands in virtual equipoise.
Criminal Law and Procedure Jul. 10, 1999
McDowell v. Calderon
In capital case, defense counsel's delay in obtaining drug testing is not ineffective assistance.
Criminal Law and Procedure Jul. 10, 1999
Bankruptcy of Lievsay
Denial of Chapter 11 plan is interlocutory and unreviewable by appellate court after appeal to bankruptcy panel.
Bankruptcy Jul. 10, 1999
Santamaria v. Horsley
Order
Jul. 10, 1999
Epstein v. MCA Inc.
State court judgment approving class action settlement isn't upheld after inadequate representation of absent members.
Corporations Jul. 10, 1999
McDaniel v. U.S. District Court for the District of Nevada (Jones)
In capital defendant's federal habeas action, state's failure to immediately object undercuts relief from discovery order.
Criminal Law and Procedure Jul. 10, 1999
Planning and Conservation League v. Department of Fish and Game
State permit allowing killing or capturing of protected species is invalid under endangered species act.
Environmental Law Jul. 10, 1999
Bankruptcy of Robert L. Helms Construction & Development Co. Inc.
Opinion contract to purchase real property is executory contract to be accepted or rejected by trustee.
Bankruptcy Jul. 10, 1999
People v. Ramirez
Threat containing conditional language can support conviction for making terrorist threats.
Criminal Law and Procedure Jul. 10, 1999
Michael W., a Minor
Non-custodial parent is entitled to requested evidentiary hearing on custody and visitation issues in dependency action.
Juveniles Jul. 10, 1999
Higgins v. State of California
Substantial evidence supports government's claim of design immunity for injuries from accident on freeway.
Torts Jul. 10, 1999
Jorge Q., a Minor
Juvenile's waiver of procedural due process right to hearing before confinement is incomplete and invalid.
Juveniles Jul. 10, 1999
Andrade v. Jennings
Verdict for excess insurer based on defense of collusion between injured party and employer is proper.
Insurance Jul. 10, 1999
Ojavan Investors Inc. v. California Coastal Commission
Investment company liable under Coastal Act for buying and selling lots in violation of deed restrictions.
Administrative Agencies Jul. 10, 1999
Klitzke v. Steiner Corp.
Fair Labor Standards Act doesn't apply to intrastate motor private carriers of out-of-state goods.
Employment Law Jul. 10, 1999
Booton v. Lockheed Medical Benefit Plan
ERISA-covered health benefit plans must require additional material to make decision on claim before denial.
Labor Law Jul. 10, 1999
California Cosmetology Coalition v. Riley
School's tuition refund for withdrawal before completing classes doesn't include sums owed to school or state.
Education Jul. 10, 1999