| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B118522
|
People v. Taylor
Trial court isn't required to give proposed jury instruction on mistake of fact defense where evidence fails to support defense. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
98-50157
|
U.S. v. Williams
Although population in federal prisons exceeds capacity, trial court can increase that population and sentence defendant to prison. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
98-10041
|
U.S. v. Luca
Sentence enhancement based upon being in charge of a criminal organization cannot be imposed unless other participants are identified. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
98-10059
|
U.S. v. Lee
Statute prohibiting export of fuzes includes fuze component that has no nonmilitary use, and is not unconstitutionally vague. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
97-55901
|
Harris v. Itzhaki
Claimant has standing under Fair Housing Act if she shows distinct injury, even if indirect, resulting from discriminatory conduct. |
Civil Rights |
|
Oct. 29, 1999 | |
|
97-70032
|
Estate of Cartwright v. Commissioner of Internal Revenue
Life insurance proceeds, paid by firm to deceased majority shareholder's estate, includes stock payment and claims against firm for work in progress. |
Probate and Trusts |
|
Oct. 29, 1999 | |
|
96-70578
|
Estate of Magnin v. Commissioner of Internal Revenue
Adequacy of consideration for agreement to exchange stock interest for remainder interest in corporation is measured by remainder's actuarial value. |
Taxation |
|
Oct. 29, 1999 | |
|
96-17131 and 97-15422
|
Association of Mexican-American Educators v. California
Titles VI and VII of Civil Rights Act do not apply to administration of CBEST exam. |
Administrative Agencies |
|
Oct. 29, 1999 | |
|
97-17204
|
United States v. C.W. Roen Construction Co.
Establishment of prevailing wage for False Claims Act suit doesn't always require area-practice survey. |
Government |
|
Oct. 29, 1999 | |
|
97-70134
|
Mgoian v. INS
Immigrant is entitled to asylum where there is a well-founded fear of future persecution if returned to native land. |
Immigration |
|
Oct. 29, 1999 | |
|
98-50147
|
U.S. v. Barajas-Montiel
While alien smuggling requires a specific-intent jury instruction, failure to object limits review to plain-error analysis. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
97-10551 and 97-10552
|
U.S. v. Fiorillo
Despite lack of exclusive control, access to a locked room is sufficient apparent authority to give consent to search. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
97-17182
|
Gallo Cattle Co. v. California Milk Advisory Board
California Milk Advisory Board's compulsory assessments for promotion and advertising California dairy products comply with First Amendment. |
Constitutional Law |
|
Oct. 29, 1999 | |
|
97-55295
|
Convoy Inc. v. City of San Diego
Nude dancing ordinance that only provides discretionary stay of license suspension fails to satisfy constitutional requirement for prompt judicial review. |
Constitutional Law |
|
Oct. 29, 1999 | |
|
97-70937
|
Lopez v. INS
Statute of Limitations regarding reopening an absentia deportation order is tolled where immigrant's alleged counsel proved to be an impostor. |
Immigration |
|
Oct. 29, 1999 | |
|
98-10341 and 98-10342
|
U.S. v. Meza-Corrales
Due to small amount of officers, weapons found, and suspects fleeing or being otherwise uncooperative, defendant's temporary detention is reasonable. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
97-56452
|
United States v. Parsons Co.
Proof of falsity under False Claims Act should not be determined by applying 'reasonable interpretation' approach. |
Government |
|
Oct. 29, 1999 | |
|
98-50346
|
U.S. v. Orduno-Aguilera
Possession and intent to distribute anabolic steroids can't be based on evidence of salts of anabolic steroids that aren't shown to promote muscle growth. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
98-50440
|
U.S. v. Martinez-Vitela
Alien subject to deportation, based on prior reinstatement deportation proceeding, is entitled to show prior proceeding was flawed and prejudicial. |
Immigration |
|
Oct. 29, 1999 | |
|
96-56392
|
U.S. v. Romero
Possession of firearm isn't sufficient evidence of 'use' for using a firearm in connection with a drug-trafficking charge. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
97-56775
|
Federal Deposit Insurance Corp. v. Castetter
State, not federal, law sets standard for business judgment rule for directors of federally insured bank. |
Banking |
|
Oct. 29, 1999 | |
|
98-70864
|
Singh-Kaur v. INS
Asylum may be denied based on immigration judge's credibility findings. |
Immigration |
|
Oct. 29, 1999 | |
|
98-56014
|
California Franchise Tax Board v. Jackson (In re Jackson)
State isn't entitled to except tax claim from discharge due to failure to file a tax return based on the debtor's failure to report federal tax assessment. |
Bankruptcy |
|
Oct. 29, 1999 | |
|
98-50199
|
U.S. v. Riley
Attempted 'simple rape' is a crime of violence for U.S. Sentencing Guidelines purposes. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
96-16172 and 96-16284
|
Local 159, 342, 343 & 444 v. Nor-Cal Plumbing Inc.
Labor Management Relations Act may provide courts with subject-matter jurisdiction over employees' trust fund when ERISA does not. |
Employment Law |
|
Oct. 29, 1999 | |
|
97-10197
|
U.S. v. Sayakhom
Testimony regarding prosecuting attorney's warnings to defendant isn't barred by the advocate-witness rule. |
Criminal Law and Procedure |
|
Oct. 29, 1999 | |
|
97-17039
|
Pacheco v. New Life Bakery Inc.
In Title VII sexual harassment cases, employer is vicariously liable for harassment committed by supervisor. |
Employment Law |
|
Oct. 29, 1999 | |
|
97-36101
|
Zimmerman v. State of Oregan Dept. of Justice
Order |
|
Oct. 29, 1999 | ||
|
97-56547 and 98-56151
|
Marsu B.V. v. The Walt Disney Co.
Failing to contact any television network isn't 'best effort' to secure network commitment to broadcast films. |
Contracts |
|
Oct. 29, 1999 | |
|
98-16301
|
Wilson v. Henry
Counsel's failure to call self-defense witness, whose testimony was flawed and inconsistent with other facts, isn't ineffective assistance. |
Criminal Law and Procedure |
|
Oct. 29, 1999 |