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U.S. v. Govan
Use of state law convictions to determine criminal history doesn't violate due process.
Criminal Law and Procedure Mar. 30, 1999
U.S. v. Vavages
Prosecutor violates due process by threatening to void alibi witness' plea agreement and prosecute for perjury.
Criminal Law and Procedure Mar. 30, 1999
Bast v. Prudential Insurance Co. of America
Employee Retirement Income Security Act pre-empts state law claims involving denial of health benefits.
Insurance Mar. 30, 1999
Williamson v. Gregoire
Convict isn't in custody for federal habeas purposes if he's merely required to register as sex offender.
Criminal Law and Procedure Mar. 30, 1999
Coastal Abstract Service Inc. v. First American Title Insurance Company
Statement by title insurer to lender that escrow agent doesn't pay bills is defamation.
Torts Mar. 29, 1999
California Prolife Council Political Action Committee v. Scully
Order
Mar. 29, 1999
Malone v. Calderon
No habeas corpus jurisdiction exists where out-of-state custodian intervenes for a limited purpose.
Criminal Law and Procedure Mar. 29, 1999
Mainero v. Gregg
Statements obtained by torture aren't barred from use in extradition proceeding where backed by additional evidence.
Criminal Law and Procedure Mar. 29, 1999
Caro v. Calderon
Death row inmate is entitled to evidentiary hearing on claim of ineffective assistance of counsel.
Criminal Law and Procedure Mar. 29, 1999
Bankruptcy of Prestige Limited Partnership-Concord
Action on guaranty of obligation secured by real property triggers California's 'One Action Rule.'
Bankruptcy Mar. 29, 1999
Hodgers-Durgin v. Lopez
Hispanic appearing motorists stopped by Border Patrol without reasonable suspicion, meets class certification requirements.
Civil Procedure Mar. 29, 1999
Malone v. Calderon
Order
Mar. 29, 1999
U.S. v. Foster
Transportation of firearm in pickup truck's bed sufficient for conviction for carrying firearm in drug-related crime.
Criminal Law and Procedure Mar. 29, 1999
Park v. People
Habeas relief for improper consolidation of charges is only available if petitioner received a fundamentally unfair trial.
Criminal Law and Procedure Mar. 29, 1999
Administrator, State of Arizona and Hull v. United States Environmental Protection Agency
Order
Mar. 29, 1999
U.S. v. Pineda-Garcia
Previous conviction for using fraudulent identification documents not immigration related for sentence enhancement purposes.
Criminal Law and Procedure Mar. 29, 1999
U.S. v. Lopes-Montes
Under Federal Sentencing Guidelines, make-up of drugs actually seized may be used to estimate purity of unrecovered drugs.
Criminal Law and Procedure Mar. 29, 1999
U.S. v. Riewe
Court required to make specific factual findings when rejecting sentencing entrapment argument.
Criminal Law and Procedure Mar. 29, 1999
Henry v. Lungren
Jurisdiction by "relating back" to earlier habeas petition is improper if petitioner's not in custody before second filing.
Criminal Law and Procedure Mar. 29, 1999
Fadem v. United States
Order
Mar. 29, 1999
Alvarado Community Hospital v. Shalala
Government abuses discretion by ignoring most recent statistics when promulgating Medicare reimbursement rule.
Government Mar. 29, 1999
Bankruptcy of Southern California Plastics Inc.
State prejudgment attachment lien does not establish secured claim and is not perfected by claim allowance.
Bankruptcy Mar. 29, 1999
Lujan v. Pacific Maritime Assn.
Prior statement about inability to work doesn't prohibit claim based on Americans with Disabilities Act.
Employment Law Mar. 29, 1999
Picard v. Commissioner of Internal Revenue
Recalculated disability retirement benefits can't be taxed if there's no reference to age or length of service.
Taxation Mar. 29, 1999
U.S. v. Scholl
Testimony supporting compulsive gambler defense properly excluded in federal prosecution.
Criminal Law and Procedure Mar. 29, 1999
Vansickel v. White
Absent prejudice, automatic reversal's unavailable where timely objections to due process violations aren't made.
Criminal Law and Procedure Mar. 29, 1999
Z. A. v. San Bruno Park School District
Attorney fees can't be awarded to party represented by unlicensed attorney in state administrative proceedings.
Attorneys Mar. 29, 1999
Harris v. Oaks Shopping Center
Negligence action based on injury resulting from rescue attempt requires imminent peril jury instruction although no accident actually occurred.
Torts Mar. 29, 1999
People v. Matthews
Insufficient evidence to support conviction for removing or taking officer's weapon where officer drops gun after being run into by the defendant.
Criminal Law and Procedure Mar. 29, 1999
Bankruptcy of Catapult
Debtor cannot assume license where nonbankruptcy law requires consent from nonconsenting nondebtor party.
Bankruptcy Mar. 29, 1999