| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B130959
|
People v. Phillips
Test that determines insanity of an accused is also standard by which to determine status as idiot. |
Criminal Law and Procedure |
|
Oct. 3, 2000 | |
|
B128058
|
Cruz v. Homebase
Corporation is not liable for punitive damages when store supervisor, not managing agent, has actual knowledge of employee's malicious misconduct. |
Torts |
|
Oct. 3, 2000 | |
|
B134069
|
People v. Steele
Brandishing firearm is not lesser included offense of assault with firearm and therefore needs no separate jury instruction. |
Criminal Law and Procedure |
|
Oct. 3, 2000 | |
|
D033195
|
Anserv Insurance Services Inc. v. Kelso
California Department of Insurance has jurisdiction to regulate conduct of insurance agents regardless of where acts occurred. |
Administrative Agencies |
|
Oct. 3, 2000 | |
|
S074261
|
Johnson v. City of Loma Linda
Public employee's adverse findings in administrative proceeding are binding in discrimination claims under state fair employment act but not federal civil rights act. |
Employment Law |
|
Oct. 3, 2000 | |
|
S008621
|
People v. Mendoza
California Supreme Court upholds death penalty where defendant commits murder during commission of robbery, rape and arson. |
Criminal Law and Procedure |
|
Oct. 3, 2000 | |
|
B124669
|
People v. Hector
Minor's request to speak to his mother during police questioning does not invoke his Miranda rights. |
Criminal Law and Procedure |
|
Oct. 3, 2000 | |
|
S070271
|
People v. Lawrence
Consecutive sentences are not mandated under three strikes law if all current convictions committed on same occasion or arise from same set of operative facts. |
Criminal Law and Procedure |
|
Oct. 3, 2000 | |
|
S012568
|
People v. Lucero
California Supreme Court affirms death penalty for convicted murderer. |
Criminal Law and Procedure |
|
Oct. 3, 2000 | |
|
B137038
|
People v. Marshall
Trial court's failure to instruct jury to find elements of sentence enhancement statute beyond a reasonable doubt is harmless error. |
Criminal Law and Procedure |
|
Oct. 3, 2000 | |
|
99-1145
|
U.S. v. Powell
Judge's rejection of dismissal for cause of jurors upheld because actual and implied bias not found. |
Criminal Law and Procedure |
|
Oct. 3, 2000 | |
|
99-1226
|
Wells v. Shalala
Employee who fails to provide proposed reasonable accommodation does not qualify for relief for alleged discrimination based on disability. |
Employment Law |
|
Oct. 3, 2000 | |
|
99-7080
|
Pettigrew v. Apfel
Order |
Government |
|
Oct. 3, 2000 | |
|
99-1134, 99-1164 and 99-1232
|
Brown v. Gray
Police department that requires officers to remain constantly on duty without adequate training is liable for shooting occurring outside of shift. |
Civil Rights |
|
Oct. 3, 2000 | |
|
99-1200
|
Coregis Insurance Co. v. Law Offices of Phillip S. Decaro
Order |
Insurance |
|
Oct. 3, 2000 | |
|
98-6426
|
Hale v. U.S. Dept. of Justice
Government may withhold release of sources and their disclosures pursuant to Freedom of Information Act where inference of confidentiality exists. |
Government |
|
Oct. 3, 2000 | |
|
99-6428
|
Jones v. Great Southern Life Insurance Co.
Order |
Civil Procedure |
|
Oct. 3, 2000 | |
|
99-6083
|
Hale v. Gibson
Court of appeals denies writ of habeas corpus to convicted murderer and kidnapper sentenced to death. |
Criminal Law and Procedure |
|
Oct. 3, 2000 | |
|
99-2011 and 99-2030
|
National Labor Relations Board v. Local Union No. 1385, Western Council of Industrial Workers
National Labor Relations Act doesn't pre-empt Indian tribe's authority to prohibit closed union shops for tribal and nontribal members who work on tribal lands. |
Native American Affairs |
|
Oct. 3, 2000 | |
|
99-1578
|
Law v. Pugh
Order |
Prisoners Rights |
|
Oct. 3, 2000 | |
|
99-6409
|
U.S. v. Crowe
Order |
Criminal Law and Procedure |
|
Oct. 3, 2000 | |
|
S075759
|
People v. Montes
Review granted |
Criminal Law and Procedure |
|
Oct. 2, 2000 | |
|
S085323
|
People v. Kelley
Review granted |
Criminal Law and Procedure |
|
Oct. 2, 2000 | |
|
S087893
|
People v. McCoy
Review granted |
Criminal Law and Procedure |
|
Oct. 2, 2000 | |
|
99-10435
|
U.S. v. Garcia-Guizar
District court's correction of calculating error that adds 33 months to original sentence is not vindictive or violative of due process. |
Criminal Law and Procedure |
|
Oct. 2, 2000 | |
|
97-70692
|
Cardenas-Uriarte v. INS
Immigrant convicted of possessing drug paraphernalia did not commit deportable offense if he qualifies for first offender treatment. |
Immigration |
|
Oct. 2, 2000 | |
|
99-1638
|
Dolven v. Bartleson (In re Bartleson)
Creditor of nondischargeable debt may exercise collection rights outside reorganization plan that does not expressly preclude such activity. |
Bankruptcy |
|
Oct. 2, 2000 | |
|
99-1644
|
Vasquez v. Adair (In re Adair)
Absent request for further information by trustee, debtor does not have ongoing duty to update information in bankruptcy schedules. |
Bankruptcy |
|
Oct. 2, 2000 | |
|
99-1750
|
Gerwer v. Salzman (In re Gerwer)
Debtor may not direct payment from third party toward nondischargeable portion of debt. |
Bankruptcy |
|
Oct. 2, 2000 | |
|
00-1151
|
Olson v. Derham-Burk (In re Olson)
Individual debtor may not amend bankruptcy petition under Chapter 13 to include joint petition from spouse. |
Bankruptcy |
|
Oct. 2, 2000 |