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Name Category Published
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
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
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
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
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
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
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
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
People v. Lucero
California Supreme Court affirms death penalty for convicted murderer.
Criminal Law and Procedure Oct. 3, 2000
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
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
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
Pettigrew v. Apfel
Order
Government Oct. 3, 2000
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
Coregis Insurance Co. v. Law Offices of Phillip S. Decaro
Order
Insurance Oct. 3, 2000
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
Jones v. Great Southern Life Insurance Co.
Order
Civil Procedure Oct. 3, 2000
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
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
Law v. Pugh
Order
Prisoners Rights Oct. 3, 2000
U.S. v. Crowe
Order
Criminal Law and Procedure Oct. 3, 2000
People v. Montes
Review granted
Criminal Law and Procedure Oct. 2, 2000
People v. Kelley
Review granted
Criminal Law and Procedure Oct. 2, 2000
People v. McCoy
Review granted
Criminal Law and Procedure Oct. 2, 2000
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
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
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
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
Gerwer v. Salzman (In re Gerwer)
Debtor may not direct payment from third party toward nondischargeable portion of debt.
Bankruptcy Oct. 2, 2000
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