This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...


    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
Hodges v. Yarian
Off-duty deputy sheriff injured after confronting suspected burglar cannot recover damages from building owners.
Torts May 2, 1997
Robinson, Leatham & Nelson Inc. v. Nelson
Failure to prove former director was fiduciary at time of benefit bars shifting burden of proof.
Corporations May 2, 1997
Calvert v. Huckins
Federal claim to public easement is barred by issue preclusion if private easement issue already litigated.
Real Property May 2, 1997
Bankruptcy of Daley's Dump Truck Services Inc.
Summary judgment improper in action to rescind claims prosecution where several theories of rescission are disputed.
Bankruptcy Apr. 28, 1997
Bradley v. Lacy
District attorney has duty to comply with statutory procedure after grand jury has found an accusation.
Criminal Law and Procedure Apr. 23, 1997
Jacobs v. Universal Development Corp.
In pari delicto defense isn't applicable where discharged employee acquiesced in employer's illegal conduct
Torts Apr. 16, 1997
Nordquest v. U.S.
Order
Apr. 3, 1997
People v. Halgren
Felony stalking statute is not unconstitutionally vague or overbroad.
Criminal Law and Procedure Apr. 2, 1997
Petersen v. Greisen
Even absent removal jurisdiction, federal court can impose sanctions for frivolous state suit by ERISA fiduciary.
Labor Law Mar. 26, 1997
Raddavero v. Harry's Hofbrau Catering
Lack of evidence supporting jury verdict for defendant on trade name infringement requires judgment notwithstanding verdict.
Intellectual Property Mar. 12, 1997
Kutch v. State Farm Mutual Automobile Insurance Co.
Insurer that didn't seek review of arbitration award can't raise policy limit as defense to confirmation.
Insurance Jan. 7, 1997
The Colorado State Board of Accountancy v. Zaveral Boosalis Raisch
Accountant-client privilege bars disclosure of client documents in investigation by State Board of Accountancy.
Administrative Agencies Jan. 7, 1997
People v. Swain
Conviction for driving while ability impaired requires control, but not necessarily movement, of vehicle.
Criminal Law and Procedure Jan. 7, 1997
People v. Luu
Absent prejudice, 2 1/2 year delay between sentencing hearing and imposition of sentence isn't unreasonable.
Criminal Law and Procedure Jan. 7, 1997
Board of Commissioners v. Eason
Award of attorney fees to landowner in abusive zoning prosecution is proper.
Civil Rights Jan. 7, 1997
UNUM Life Ins. Co. of Amer. v. Ward
Certiorari granted
Jan. 7, 1997
U.S. v. Ward
Order
Criminal Law and Procedure Jan. 7, 1997
State v. DeCamp
Evidence is properly admitted if found in officer's plain view, its evidentiary value is immediately apparent, and officer is authorized to be there.
Criminal Law and Procedure Jan. 7, 1997
People v. Craig, Jr.
Court may increase sentence for base offense following appeal, if total sentence does not exceed original.
Criminal Law and Procedure Jan. 7, 1997
State v. Thorne
Jury must consist of 8 persons, not 12, for sentences less than 30 years.
Criminal Law and Procedure Jan. 7, 1997
Hull v. Albrecht
Assistance to Build Classrooms Fund doesn't comply with constitutional mandate for adequate capital facilities statewide.
Education Jan. 7, 1997
Piatt v. State Bar
Attorney is publicly censured for making sexually harassing comments to clients.
Attorneys Jan. 7, 1997
U.S. v. Hatatley
Refusal to instruct on offense of involuntary manslaughter is properly within court's discretion.
Criminal Law and Procedure Jan. 7, 1997
Duvall v. Reynolds
Defense counsel's election to not introduce mitigating evidence didn't constitute ineffective assistance of counsel.
Criminal Law and Procedure Jan. 7, 1997
U.S. v. Conley
Sentence enhancement is proper where role in causing getaway amounts to reckless endangerment under Guidelines.
Criminal Law and Procedure Jan. 7, 1997
U.S. v. Smith
Protective sweep of detached garage prior to arresting defendant in house doesn't violate Fourth Amendment.
Criminal Law and Procedure Jan. 7, 1997
U.S. v. Melton
Sentence enhancement for counterfeiting coconspirator based on money printed after his arrest is improper.
Criminal Law and Procedure Jan. 7, 1997
State v. Brun
Lack of reasonable likelihood of prosecutorial vindictiveness after defendant's motion warrants overturning dismissal.
Criminal Law and Procedure Jan. 7, 1997
Boydston v. Strole Development Co.
Corporation's notice of appeal signed by non-attorney is insufficient to vest jurisdiction in appellate court.
Civil Procedure Jan. 7, 1997
Liberty Mutual Fire Insurance v. Mandile
Provision in underinsured motorist policy that permits appeal of award exceeding responsibility requirement is upheld.
Insurance Jan. 7, 1997