| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B116969
|
People v. Martinez
Court isn't required to impose state and county penalty assessments pursuant to a direct victim restitution order. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
B114504
|
People v. Cortez
Record of previous conviction that doesn't include specific facts of the offense precludes finding of prior felony conviction under three strikes law. |
Criminal Law and Procedure |
|
Aug. 4, 1999 | |
|
S068838
|
Inquiry Concerning A Judge No. 101
Order |
|
Aug. 3, 1999 | ||
|
S054268
|
People v. O'Roark
Order |
|
Aug. 3, 1999 | ||
|
A077416
|
Aquilino v. Marin County Employees' Retirement Association
Employees who redeposit retirement contributions must be returned to the more favorable tier of retirement plan. |
Government |
|
Aug. 3, 1999 | |
|
95-56447
|
L'Anza Research International Inc. v. Quality King Distributors Inc.
Order |
|
Aug. 3, 1999 | ||
|
93-35138
|
Federal Deposit Insurance Corp. v. Craft
Borrower may set off only direct compensatory damages arising from receiver's repudiation of bank's obligations. |
Banking |
|
Aug. 3, 1999 | |
|
95-16112
|
Independence Mining Co. v. Babbitt
Court cannot compel Interior Department to evaluate mineral patent claim before expiration of statutory processing period. |
Administrative Agencies |
|
Aug. 3, 1999 | |
|
96-106
|
Hess v. FDIC
Order |
|
Aug. 3, 1999 | ||
|
96-548
|
U.S. v. Crowder
Order |
|
Aug. 3, 1999 | ||
|
95-1918
|
Arkansas v. Farm Credit Svcs., ET AL.
Certiorari granted |
|
Aug. 3, 1999 | ||
|
96-454
|
Assocs. Commercial Corp. v. Rash
Certiorari granted |
|
Aug. 3, 1999 | ||
|
96-842
|
U.S. v. O'Hagan
Certiorari granted |
|
Aug. 3, 1999 | ||
|
96-552 and 96-553
|
Agostini v. Felton
Certiorari granted |
|
Aug. 3, 1999 | ||
|
94-55986
|
Paul Revere Life Insurance Co. v. Fima
Insured's overstatement of income in disability insurance application doesn't allow insurer to avoid incontestability clause. |
Insurance |
|
Aug. 3, 1999 | |
|
94-30346
|
U.S. v. Fulbright
Defendant's legal research before committing crimes doesn't warrant instruction on deliberate indifference of illegality. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
95-15134
|
In re FPI/Agretech Securities Litigation
Relative efforts of co-counsel and benefits conferred on class support refusing fee allocation proposal. |
Attorneys |
|
Aug. 3, 1999 | |
|
95-55725
|
State of California v. Montrose Chemical Corp. of California
CERCLA's three-year limitations statute doesn't begin until Type A and B regulations are promulgated. |
Environmental Law |
|
Aug. 3, 1999 | |
|
95-16081
|
Local Motion Inc. v. Niescher
Prevailing party cannot dismiss remaining claims without prejudice in order to prevent appeal by loser. |
Civil Procedure |
|
Aug. 3, 1999 | |
|
95-17319
|
Turk v. White
Despite invalidity of conviction and life sentence, statute using prisoner's status to define offense is rational. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
95-35857
|
Bay View Inc. v. AHTNA Inc.
Statute cannot be invalidated under takings clause when Tucker Act provides means of compensation. |
Government |
|
Aug. 3, 1999 | |
|
95-70501
|
Leila G. Newhall Unitrust v. IRS
Charitable remainder unitrust's entire income is taxed, including unrelated income from publicly traded limited partnerships. |
Taxation |
|
Aug. 3, 1999 | |
|
96-30144
|
U.S. v. Fuentes
Attempted flight from airport officers supports belief suspect has something highly incriminating in his pocket. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
88-1828 and 88-1910
|
Greenawalt v. Stewart
Death row inmate is denied certificate of probable cause to appeal absent satisfying 'substantial showing' standard. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
95-55993
|
Boyden v. Reno
U.S. law governs effect of parole violation on sentence computation after convict transferred from Canada. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
95-1595
|
Babbit v. Youpee
Despite amendment, statute still impermissibly restricts right of individual Indians to direct descent of property. |
Native American Affairs |
|
Aug. 3, 1999 | |
|
F024370
|
People v. Dias
Defendant's apparently conditional threats against victim still constitute statutory violation of threatening a crime. |
Criminal Law and Procedure |
|
Aug. 3, 1999 | |
|
E019306
|
Stevens v. Superior Court (Fridley)
Master calendar rule is inapplicable to timeliness of motion to disqualify judge assigned by telephone. |
Judges |
|
Aug. 3, 1999 | |
|
B104051
|
Wilson v. The Superior Court of Los Angeles County (Los Angeles Times)
Applications submitted for board of supervisors position are exempt from disclosure under Public Records Act. |
Government |
|
Aug. 3, 1999 | |
|
F023873
|
The State of Ohio v. Barron
Noncustodial father must pay child support in excess of amount actually paid by the state. |
Family Law |
|
Aug. 3, 1999 |