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Name Category Published
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
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
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
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
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
Marquez Brothers International v. S.C. (Aponte)
Order
Mar. 21, 2008
Sycamore Ridge Apartments LLC v. Naumann
Order
Mar. 21, 2008
People v. Zacarias
Order
Mar. 21, 2008
Phan v. Nguyen
Order
Mar. 21, 2008
Lumary (Michael Edward) On H.C.
Order
Mar. 21, 2008
San Diego Metropolitan Transit Development Fund v. RV Communities
Order
Mar. 21, 2008
Robinson v. S.C. (City of Stockton)
Order
Mar. 21, 2008
OCM Principal Opportunities Fund v. CIBC World Markets
Order
Mar. 21, 2008
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
People v. Patrick
Order
Mar. 21, 2008
Hunter v. General Motors
Order
Mar. 21, 2008
City of Garden Grove v. S.C. (Kha)
Order
Mar. 21, 2008
Holtsinger v. S.C. (People)
Order
Mar. 21, 2008
Haworth v. S.C. (Ossakow)
Order
Mar. 21, 2008
Lewis v. W.C.A.B. (Beutler Heating)
Order
Mar. 21, 2008
People v. Larkin
Order
Mar. 21, 2008
People v. Hughes
Order
Mar. 21, 2008
Voice of the Wetlands v. State Water Resources Control
Order
Mar. 21, 2008
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
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
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
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
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
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
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