AGENCY AND EMPLOYMENT
· Employers Must Provide Meal and Rest Breaks, But Need Not Ensure That They Are Taken (Brinker Restaurant Corp. v. Superior Court) [posted 04/19/12]
CRIMINAL TRIAL
EVIDENCE
ILLEGALLY OBTAINED EVIDENCE
· Warrantless Installation of GPS Tracking Device to Undercarriage of Suspect's Vehicle and Use of Device to Track Vehicle's Movements Is Search (United States v. Jones) [posted 02/01/12]
PRETRIAL PROCEEDINGS
· Record should clearly reflect that indicated sentence represents trial court's best judgment as to appropriate punishment, regardless of whether guilt is established by plea or trial (People v. Clancy) [posted 05/16/13]
· Sixth Amendment Right To Effective Assistance of Counsel Extends To Consideration of Plea Offers That Lapse or Are Rejected (Missouri v. Frye) [posted 04/05/12]
PUNISHMENT
· Prosecution Is Entitled to Notice of Petition for Resentencing Under Three Strikes Reform Act (Proposition 36); Prosecution Has Burden of Establishing Petitioner's Dangerousness . (People v. Superior Court (Kaulick)) [posted 05/16/13]
TORTS
· Where Trial Court in Multiple Tortfeasor Case Determines That Settlement Was Not Made in Good Faith, Liability of Nonsettling Defendants Is Fixed By Setoff-With-Contribution Approach, Rather Than by Common Law Release Rule (Leung v. Verdugo Hills Hosp.) [posted 08/30/12]
Last updated Thursday, May 16, 2013
