| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D029126
|
People v. Castello
California law defines prior Florida offense for three strikes purposes. |
Criminal Law and Procedure |
|
Mar. 30, 1999 | |
|
A079345
|
Fireman's Fund Insurance Co. v. Maryland Casualty Co.
Equitable contribution between co-insurers on same risk is independent of action based on equitable subrogation. |
Insurance |
|
Mar. 30, 1999 | |
|
D025565
|
Kovatch v. California Casualty Management Co.
Whether employer has taken appropriate steps to remedy discrimination is question for jury. |
Civil Rights |
|
Mar. 30, 1999 | |
|
97-99018
|
Thompson v. Calderon
Evidence proffered doesn't support request for permission to file successive habeas petition in capital case. |
Criminal Law and Procedure |
|
Mar. 30, 1999 | |
|
96-10527
|
U.S. v. Kaluna
Federal three strikes law unconstitutionally shifts burden of proof to certain defendants. |
Criminal Law and Procedure |
|
Mar. 30, 1999 | |
|
97-10275
|
U.S. v. Govan
Use of state law convictions to determine criminal history doesn't violate due process. |
Criminal Law and Procedure |
|
Mar. 30, 1999 | |
|
97-10394
|
U.S. v. Vavages
Prosecutor violates due process by threatening to void alibi witness' plea agreement and prosecute for perjury. |
Criminal Law and Procedure |
|
Mar. 30, 1999 | |
|
97-35429
|
Bast v. Prudential Insurance Co. of America
Employee Retirement Income Security Act pre-empts state law claims involving denial of health benefits. |
Insurance |
|
Mar. 30, 1999 | |
|
97-35699
|
Williamson v. Gregoire
Convict isn't in custody for federal habeas purposes if he's merely required to register as sex offender. |
Criminal Law and Procedure |
|
Mar. 30, 1999 | |
|
96-56675
|
Coastal Abstract Service Inc. v. First American Title Insurance Company
Statement by title insurer to lender that escrow agent doesn't pay bills is defamation. |
Torts |
|
Mar. 29, 1999 | |
|
98-15308
|
California Prolife Council Political Action Committee v. Scully
Order |
|
Mar. 29, 1999 | ||
|
98-99035 and 98-99036
|
Malone v. Calderon
No habeas corpus jurisdiction exists where out-of-state custodian intervenes for a limited purpose. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
98-55067 and 98-55069
|
Mainero v. Gregg
Statements obtained by torture aren't barred from use in extradition proceeding where backed by additional evidence. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
96-99019
|
Caro v. Calderon
Death row inmate is entitled to evidentiary hearing on claim of ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
97-17166
|
Bankruptcy of Prestige Limited Partnership-Concord
Action on guaranty of obligation secured by real property triggers California's 'One Action Rule.' |
Bankruptcy |
|
Mar. 29, 1999 | |
|
97-16449
|
Hodgers-Durgin v. Lopez
Hispanic appearing motorists stopped by Border Patrol without reasonable suspicion, meets class certification requirements. |
Civil Procedure |
|
Mar. 29, 1999 | |
|
98-99035
|
Malone v. Calderon
Order |
|
Mar. 29, 1999 | ||
|
89-10405
|
U.S. v. Foster
Transportation of firearm in pickup truck's bed sufficient for conviction for carrying firearm in drug-related crime. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
96-56750
|
Park v. People
Habeas relief for improper consolidation of charges is only available if petitioner received a fundamentally unfair trial. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
96-71083
|
Administrator, State of Arizona and Hull v. United States Environmental Protection Agency
Order |
|
Mar. 29, 1999 | ||
|
98-50175
|
U.S. v. Pineda-Garcia
Previous conviction for using fraudulent identification documents not immigration related for sentence enhancement purposes. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
96-50481
|
U.S. v. Lopes-Montes
Under Federal Sentencing Guidelines, make-up of drugs actually seized may be used to estimate purity of unrecovered drugs. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
97-10105
|
U.S. v. Riewe
Court required to make specific factual findings when rejecting sentencing entrapment argument. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
97-56215
|
Henry v. Lungren
Jurisdiction by "relating back" to earlier habeas petition is improper if petitioner's not in custody before second filing. |
Criminal Law and Procedure |
|
Mar. 29, 1999 | |
|
92-56400
|
Fadem v. United States
Order |
|
Mar. 29, 1999 | ||
|
96-55967
|
Alvarado Community Hospital v. Shalala
Government abuses discretion by ignoring most recent statistics when promulgating Medicare reimbursement rule. |
Government |
|
Mar. 29, 1999 | |
|
97-55874
|
Bankruptcy of Southern California Plastics Inc.
State prejudgment attachment lien does not establish secured claim and is not perfected by claim allowance. |
Bankruptcy |
|
Mar. 29, 1999 | |
|
97-55024
|
Lujan v. Pacific Maritime Assn.
Prior statement about inability to work doesn't prohibit claim based on Americans with Disabilities Act. |
Employment Law |
|
Mar. 29, 1999 | |
|
97-70954
|
Picard v. Commissioner of Internal Revenue
Recalculated disability retirement benefits can't be taxed if there's no reference to age or length of service. |
Taxation |
|
Mar. 29, 1999 | |
|
97-10143 and 97-10248
|
U.S. v. Scholl
Testimony supporting compulsive gambler defense properly excluded in federal prosecution. |
Criminal Law and Procedure |
|
Mar. 29, 1999 |