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Articles 1 - 30 of 59
Full-Text Articles in Law
People V. Riser [Dissent], Jesse W. Carter
People V. Riser [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a capital murder prosecution, a trial court's grant of the prosecution's challenge to a juror, who stated that in no event would he vote for the death penalty, was not error.
Leonard V. Watsonville Community Hospital [Dissent], Jesse W. Carter
Leonard V. Watsonville Community Hospital [Dissent], Jesse W. Carter
Jesse Carter Opinions
Grant of nonsuit as to doctor was proper because the testimony of patient's adverse parties was clear and uncontradicted to effect he was not responsible for leaving clamp in patient's abdomen and there was no rational ground to disbelieve testimony.
Stockton Theatres, Inc. V. Palermo, Jesse W. Carter
Stockton Theatres, Inc. V. Palermo, Jesse W. Carter
Jesse Carter Opinions
Grant of the lessor's motions to re-tax costs, to enter satisfaction of judgment, and release attachments was improper where the costs of a mandatory bond were recoverable by the lessee, and the cost required consideration prior to release.
Tucker V. Lombardo [Dissent], Jesse W. Carter
Tucker V. Lombardo [Dissent], Jesse W. Carter
Jesse Carter Opinions
No prejudicial error existed when the jury instructions correctly informed the jury about the shooter's degree of care in firing a gun on a skeet range and informed the jury about contributory negligence and assumption of the risk.
State Farm Mut. Auto. Ins. Co. V. Superior Court Of San Francisco [Dissent], Jesse W. Carter
State Farm Mut. Auto. Ins. Co. V. Superior Court Of San Francisco [Dissent], Jesse W. Carter
Jesse Carter Opinions
The trial court abused its discretion when it ordered the insurance company's declaratory relief action and personal injury actions against the policyholder consolidated for trial because of prejudice to the insurance company.
People V. Bridgehouse, Jesse W. Carter
People V. Bridgehouse, Jesse W. Carter
Jesse Carter Opinions
Defendant's conviction for second-degree murder was reduced to manslaughter where the evidence showed that defendant went into shock upon seeing his wife's lover at his mother-in-law's house and where defendant had never threatened the victim.
United States Fidelity & Guaranty Co. V. State Board Of Equalization, Jesse W. Carter
United States Fidelity & Guaranty Co. V. State Board Of Equalization, Jesse W. Carter
Jesse Carter Opinions
Taxpayers failed to make a clear case for estoppel against the taxing authority's assessment of back taxes on gross premiums because taxing authority's acceptance of taxes paid could not bind the state as to the full amount of tax lawfully due.
In Re Scaggs [Dissent], Jesse W. Carter
In Re Scaggs [Dissent], Jesse W. Carter
Jesse Carter Opinions
Prisoner convicted of a felony and sentenced to imprisonment was not entitled to be admitted to bail as a matter of right but was compelled to address himself to the discretion of the court; there was no abuse of discretion in refusing bail.
People V. Linson, Jesse W. Carter
People V. Linson, Jesse W. Carter
Jesse Carter Opinions
Defendant was properly convicted of second degree burglary because there was sufficient evidence to sustain the verdict, and the prosecutor did not commit prejudicial misconduct in his closing argument to the jury.
Danner V. Atkins [Dissent], Jesse W. Carter
Danner V. Atkins [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a case involving a truck's unexplained collision with a building, doctrine of res ipsa loquitur did not apply as to truck driver where the truck was under the control of a mechanic rather than of the driver just before the accident.
Panopulos V. Maderis [Dissent], Jesse W. Carter
Panopulos V. Maderis [Dissent], Jesse W. Carter
Jesse Carter Opinions
Passengers who were injured in an accident while they were guests in car, just after the driver stepped out, could not recover for their resulting injuries unless they showed that the driver was intoxicated or engaged in wilful misconduct.
People V. Crooker [Dissent], Jesse W. Carter
People V. Crooker [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant's conviction for first-degree murder was proper where defendant failed to show that he did not receive fair trial as conflicting testimony about voluntariness of confession and denial of attorney during questioning supported jury verdict.
Caritativo V. Teets [Dissent], Jesse W. Carter
Caritativo V. Teets [Dissent], Jesse W. Carter
Jesse Carter Opinions
Writ of mandate would not issue to compel warden to institute proceedings to determine present sanity of defendant awaiting execution of death penalty after warden determined that there was not good reason to believe defendant was presently insane.
Estate Of Skinker [Dissent], Jesse W. Carter
Estate Of Skinker [Dissent], Jesse W. Carter
Jesse Carter Opinions
An estate was required to use the statutory executor's commission in effect at the decedent's death for an inheritance tax deduction although a revised rate would have resulted in a lower tax.
Anderson V. Mart [Dissent], Jesse W. Carter
Anderson V. Mart [Dissent], Jesse W. Carter
Jesse Carter Opinions
A divorced wife was entitled to recover support payments from the estate of her former husband. Alimony payments agreed to as an inseparable part of a property settlement did not terminate on the death of the husband.
Local 659, I.A.T.S.E. V. Color Corp. Of America, Jesse W. Carter
Local 659, I.A.T.S.E. V. Color Corp. Of America, Jesse W. Carter
Jesse Carter Opinions
Union lost its right to arbitration due to its initial refusal to arbitrate; employer was entitled to rely on and accept repudiation of an arbitration provision in a collective bargaining agreement, and thus, there was a mutual rescission.
Hall V. Taft, Jesse W. Carter
Hall V. Taft, Jesse W. Carter
Jesse Carter Opinions
A city was not permitted to require that a contractor obtain a city building permit when the contractor had been employed by the state to build a school. So doing restricted the state's rights of sovereignty.
Foust V. Foust [Dissent], Jesse W. Carter
Foust V. Foust [Dissent], Jesse W. Carter
Jesse Carter Opinions
Because the conclusion that the parties intended a separation agreement to be merged in an annulment decree was inescapable, the wife's writ of execution upon the husband's property for failure to make support payments was proper.
Vyn V. Northwest Casualty Co., Jesse W. Carter
Vyn V. Northwest Casualty Co., Jesse W. Carter
Jesse Carter Opinions
An insurer was not liable to cover an accident under a policy it had issued to the insured when the insured had not ordered the policy, returned the policy to the insurer, and did not pay premiums on the policy until after the accident had occurred.
People V. Cole [Dissent], Jesse W. Carter
People V. Cole [Dissent], Jesse W. Carter
Jesse Carter Opinions
Medical opinion as to whether the victim's wound could have been self-inflicted was admissible and sufficient evidence supported the verdict finding defendant guilty of first-degree murder.
Pacific Southwest Development Corp. V. Western P. R. Co. [Dissent], Jesse W. Carter
Pacific Southwest Development Corp. V. Western P. R. Co. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Procurement of an option agreement to purchase real property was a contract that aided in the purchase or sale of real property and came within the statute of frauds. Absent a written contract, there was no obligation to pay a commission.
Nathan H. Schur, Inc. V. Santa Monica, Jesse W. Carter
Nathan H. Schur, Inc. V. Santa Monica, Jesse W. Carter
Jesse Carter Opinions
A prospective licensee was entitled to receive a license to operate games of skill where the city council found the games did not violate the law against games of chance, but the police chief refused to issue them.
People V. Head, Jesse W. Carter
People V. Head, Jesse W. Carter
Jesse Carter Opinions
Motion to dismiss an appeal was denied where defendant made a constructive filing of a notice of appeal within the prescribed time limit and satisfied the jurisdictional requirement as contemplated by law.
Lynn V. Duckel [Dissent], Jesse W. Carter
Lynn V. Duckel [Dissent], Jesse W. Carter
Jesse Carter Opinions
Homeowner's action was barred because he did not exhaust his administrative remedy prior to instituting suit, and he was properly denied relief because he did not have "clean hands," as he ran trucks in alley without a written permit.
People V. Watson [Dissent], Jesse W. Carter
People V. Watson [Dissent], Jesse W. Carter
Jesse Carter Opinions
Defendant was properly convicted of second degree murder as the jury was correctly instructed on the doctrine of reasonable doubt and an error in admitting collateral and irrelevant evidence did not result in the miscarriage of justice.
Sutton V. Industrial Acci. Com., Jesse W. Carter
Sutton V. Industrial Acci. Com., Jesse W. Carter
Jesse Carter Opinions
An industrial accident commission should not have ordered that an employee's permanent disability be reduced after the statutory five-year period had expired, even though application for the reduction was made prior to expiration.
Woods V. Security-First Nat'l Bank, Jesse W. Carter
Woods V. Security-First Nat'l Bank, Jesse W. Carter
Jesse Carter Opinions
Where plaintiff alleged that defendants were not entitled to distribution because the deceased made an oral agreement with plaintiff, plaintiff was entitled to one-half of the deceased's property based on res judicata.
Van Strien V. Jones [Dissent], Jesse W. Carter
Van Strien V. Jones [Dissent], Jesse W. Carter
Jesse Carter Opinions
A deceased's daughter was not pretermitted heir under California Probate Code where her father's will bequeathed, upon contest, $1 to a person who, had he died intestate, would be entitled to share in estate; widow's demurrer was properly sustained.
Fischer V. County Of Shasta [Dissent], Jesse W. Carter
Fischer V. County Of Shasta [Dissent], Jesse W. Carter
Jesse Carter Opinions
A statute authorizing the creation of a tax maintenance district which could construct street lighting on roads within the county authorized the maintenance district to construct street lighting on a state highway within the district.
Desny V. Wilder [Dissent], Jesse W. Carter
Desny V. Wilder [Dissent], Jesse W. Carter
Jesse Carter Opinions
Corporate secretary's demand that free-lance writers submit synopsis of proposed photoplay was a corporate act, and thus an implied-in-fact contract could arise during secretary/writer's telephonic conversation.