Case Summaries
Probate Trusts
Family Law
Criminal Law & Procedure
Probate Trusts
[09/04]
Masry v. Masry
In a probate matter, judgment finding that husband's revocation from joint trust was valid is affirmed where: 1) the revocation provision in the trust was not explicitly exclusive; and 2) husband's method of revocation complied with Probate Code section 15401, subdivision (a)(2).
[08/27]
Estate of Clementi
Denial of petition to revoke probate is affirmed where: 1) the deceased manifested a sufficient intent to create a charitable trust through his will, although his will does not identify a specific charity; and 2) the deceased's stated intent to "give the balance of my assets to a charitable foundation or trust" is sufficient to create the trust.
[08/27]
Estate of Heath
Probate court order appointing niece of the deceased as administrator is reversed where the appointed administrator did not "succeed" to a portion of the decedent's estate, as required by Probate Code section 8462(a), by virtue of her mother's assignment of a portion of her interest in the estate to niece. Succession occurs only by operation of law.
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Family Law
[09/03]
Johansen v. Comm. of Internal Revenue
In a tax case arising out of a divorce, a holding by the Tax Court that spousal support payments qualify as alimony to be reported as income by the payee is affirmed where: 1) state law requires that spousal support payments terminate on the death of either spouse unless otherwise agreed in writing; and 2) the divorce agreement does not extend spousal support payments beyond death of either party.
[09/03]
Alanis-Alvarado v. Mukasey
Petition for review of deportation order is denied where petitioner violated a protection order issued under California Family Code Section 6320, which by definition fits categorically within the protection orders whose violation qualifies as a deportable offense under the Immigration and Nationality Act.
[08/29]
In the Interest of M.N.
In a custody case, affirmation of the termination of a mother's parental rights on the basis of untimely filing of a statement of points for appeal is reversed where the trial court was permitted to grant a motion to extend the time for filing the statement of points on a showing of good cause.
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Criminal Law & Procedure
[09/05]
US v. Bendtzen
In a case challenging an enhanced sentence under the U.S. Sentencing Guideline Manual, sentence is affirmed where use of a fake bomb during a bank robbery constitutes "a dangerous weapon. . .otherwise used" and thus a four level sentence increase under U.S.S.G. section 2B3.1(b)(2)(D) and consideration of defendant's past crimes was not unreasonable in calculating a category VI criminal history.
[09/05]
US v. Nader
In prosections related to a prostitution ring, convictions for violations of the Travel Act are affirmed where: 1) the convictions were based on telephone calls within a single state; and 2) the telephone is a facility in interstate commerce even when used for in-state calling.
[09/05]
US v. Medina-Beltran
In an immigration case, an enhanced sentence is affirmed where: 1) the government's decision not to move for reduced sentencing was not arbitrary; and 2) separation of powers between the judicial and executive branches is not violated by section 401(g) of the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today (PROTECT) Act of 2003, which requires the government to make a motion in order for a defendant to receive a reduced sentence under the U.S. Sentencing Guidelines.
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