| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
06-30596
|
U.S. v. Davenport
Under 'Blockburger' test, offense of possessing child pornography is lesser included offense of receipt of child pornography. |
Criminal Law and Procedure |
|
Mar. 21, 2008 | |
|
06-55470
|
Harrison v. Ollison
Arsonist who stipulated to federal interstate commerce element does not qualify for 'escape hatch' permitting habeas petition under 28 U.S.C. Section 2241. |
Criminal Law and Procedure |
|
Mar. 21, 2008 | |
|
06-55031
|
New Hampshire Insurance Co. v. C'Est Moi Inc.
To supersede maritime doctrine, 'uberrimae fidei,' parties need to use clear language in policy because doctrine protects insurer and risk pool. |
Maritime Law |
|
Mar. 21, 2008 | |
|
07-10233
|
U.S. v. Gianelli
Mail fraud defendant waives his ability to appeal amount of restitution ordered in 1987 judgment by failing to file direct appeal. |
Criminal Law and Procedure |
|
Mar. 21, 2008 | |
|
B192865
|
Doe v. United Airlines Inc.
New trial is improperly granted where evidence that minor suffered PTSD from alleged sexual assault on airplane was not 'newly discovered.' |
Civil Procedure |
|
Mar. 21, 2008 | |
|
S161181
|
Marquez Brothers International v. S.C. (Aponte)
Order |
|
Mar. 21, 2008 | ||
|
S160268
|
Sycamore Ridge Apartments LLC v. Naumann
Order |
|
Mar. 21, 2008 | ||
|
S159965
|
People v. Zacarias
Order |
|
Mar. 21, 2008 | ||
|
S160002
|
Phan v. Nguyen
Order |
|
Mar. 21, 2008 | ||
|
S161490
|
Lumary (Michael Edward) On H.C.
Order |
|
Mar. 21, 2008 | ||
|
S160495
|
San Diego Metropolitan Transit Development Fund v. RV Communities
Order |
|
Mar. 21, 2008 | ||
|
S159506
|
Robinson v. S.C. (City of Stockton)
Order |
|
Mar. 21, 2008 | ||
|
S158928
|
OCM Principal Opportunities Fund v. CIBC World Markets
Order |
|
Mar. 21, 2008 | ||
|
B199297
|
Rippon v. Bowen
Case upholding constitutional amendment that does not revise basic form of government bars plaintiffs' challenge to Proposition 140. |
Constitutional Law |
|
Mar. 21, 2008 | |
|
S131176
|
People v. Patrick
Order |
|
Mar. 21, 2008 | ||
|
S159432
|
Hunter v. General Motors
Order |
|
Mar. 21, 2008 | ||
|
S159520
|
City of Garden Grove v. S.C. (Kha)
Order |
|
Mar. 21, 2008 | ||
|
S159784
|
Holtsinger v. S.C. (People)
Order |
|
Mar. 21, 2008 | ||
|
S160574
|
Haworth v. S.C. (Ossakow)
Order |
|
Mar. 21, 2008 | ||
|
S160237
|
Lewis v. W.C.A.B. (Beutler Heating)
Order |
|
Mar. 21, 2008 | ||
|
S159848
|
People v. Larkin
Order |
|
Mar. 21, 2008 | ||
|
S160823
|
People v. Hughes
Order |
|
Mar. 21, 2008 | ||
|
S160211
|
Voice of the Wetlands v. State Water Resources Control
Order |
|
Mar. 21, 2008 | ||
|
B195197
|
People v. Concha
Substantial evidence supports defendants' murder convictions under 'provocative act theory' where victim kills accomplice in self defense. |
Criminal Law and Procedure |
|
Mar. 20, 2008 | |
|
06-10119
|
Synder v. Louisiana
Trial judge committed clear error in rejecting petitioner's claim that prosecution's peremptory strikes of certain prospective jurors were based on race. |
Criminal Law and Procedure |
|
Mar. 20, 2008 | |
|
05-77064
|
Rendon v. Mukasey
State felony conviction for possession with intent to sell controlled substance contains trafficking element and qualifies as aggravated felony under immigration laws. |
Criminal Law and Procedure |
|
Mar. 20, 2008 | |
|
04-35210
|
Marceau v. Blackfeet Housing Authority
'Sue and be sued clause' in enabling ordinance that created tribal housing authority clearly waived its immunity from suit. |
Native American Affairs |
|
Mar. 20, 2008 | |
|
06-10527
|
U.S. v. Davis
Where appellate court limits scope of remand, lower court lacks authority to reexamine other sentencing issues. |
Criminal Law and Procedure |
|
Mar. 20, 2008 | |
|
07-30011
|
U.S. v. Soto
In drug case where defendant did not testify, court's failure to give 'no adverse inference' instruction is harmless beyond a reasonable doubt. |
Criminal Law and Procedure |
|
Mar. 20, 2008 | |
|
B195860
|
Isner v. Falkenberg/Gilliam & Associates Inc.
Resident employees required to live on premises are not entitled to compensation for time spent 'being available' to respond to emergency duties. |
Labor Law |
|
Mar. 19, 2008 |