| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
07-205
|
Opinion of Brown
Vehicle-tracking device constitutes 'theft-deterrent device' for purposes of Rees-Levering Motor Vehicle Sales and Finance Act. |
Business Law |
|
Nov. 11, 2007 | |
|
B196202
|
People v. Williams
Court’s bias, based on its opinion of defendant’s veracity, disqualifies it from further hearings, but does not void its ruling in instant matter. |
Judges |
|
Nov. 8, 2007 | |
|
B192544
|
In re Montgomery
Habeas corpus is properly granted in case where petitioner was accomplice to murder, not actual shooter. |
Criminal Law and Procedure |
|
Nov. 8, 2007 | |
|
C053745
|
B.D., a Minor
Court improperly dismisses petition to take jurisdiction of minors where independent evidence corroborates witnesses' hearsay statements that mother hit child in public. |
Juveniles |
|
Nov. 8, 2007 | |
|
H028942
|
Morton v. Wagner
Denial of motion for reconsideration is not appealable, but filing of appeal and other unsuccessful motions are insufficient to designate litigant as vexatious. |
Civil Procedure |
|
Nov. 8, 2007 | |
|
C053576
|
Anthony M., a Minor
In case where minor shoots friend in face, victim restitution based on amount billed by medical provider is improper. |
Juveniles |
|
Nov. 8, 2007 | |
|
07-103
|
Opinion of Brown
Native American Heritage Commission may delegate to its executive secretary powers and duties that do not require exercise of special judgment. |
Native American Affairs |
|
Nov. 8, 2007 | |
|
B169300
|
People v. Thomas
Jury is properly charged with determining whether purse-snatching constituted grand theft or robbery based on amount of force employed. |
Criminal Law and Procedure |
|
Nov. 8, 2007 | |
|
07-70174
|
State of Alaska v. EEOC
Eleventh Amendment bars employment discrimination suit brought by policymaking assistants terminated from Governor's Office under Government Employee Rights Act. |
Employment Law |
|
Nov. 8, 2007 | |
|
06-55361
|
Khaligh v. Hadaegh (In re Khaligh)
Order |
|
Nov. 8, 2007 | ||
|
05-50151
|
U.S. v. Gamboa-Cardenas
Safety valve relief does not apply to convictions for conspiracy and possession of cocaine on board vessel with intent to distribute. |
Criminal Law and Procedure |
|
Nov. 8, 2007 | |
|
07-201
|
Opinion of Brown
Funeral director may require county coroner to take possession of decedent's remains subject to Health and Safety Code Section 7104 . |
Government |
|
Nov. 8, 2007 | |
|
D048907
|
People v. Williams
Trial court had jurisdiction to recalculate defendant's sentence following revocation of probation, and 120-day time limit under Penal Code Section 1170(d) is inapplicable. |
Criminal Law and Procedure |
|
Nov. 7, 2007 | |
|
B196842
|
People v. Kortesmaki
Commitment order is upheld where mentally disordered offender's possession of flammable materials involves implied, but not actual, use of force or violence. |
Criminal Law and Procedure |
|
Nov. 7, 2007 | |
|
06-30534
|
U.S. v. Sherburne
Grant of attorney fees is improper where government's prosecution of wire fraud based on excluded admission incriminating defendant was not 'vexatious.' |
Civil Procedure |
|
Nov. 6, 2007 | |
|
06-35307
|
Fidelity Exploration and Production Co. v. United States
Action brought by state’s predecessor in interest is not exempted from Quiet Title Act’s statute of limitations. |
Real Property |
|
Nov. 6, 2007 | |
|
05-15275
|
Irons v. Carey
Order |
|
Nov. 6, 2007 | ||
|
B196075
|
People v. Gunter
Robbery conviction stands where defendant pushed security guard attempting to regain possession of stolen merchandise. |
Criminal Law and Procedure |
|
Nov. 6, 2007 | |
|
A113662
|
Kashmiri v. Regents of the University of California
Students may reasonably rely on specific promise made by university, and university’s failure to abide by its promise is breach of contract. |
Education |
|
Nov. 5, 2007 | |
|
H030822
|
In re Bettencourt
Denial of parole need only be supported by ‘some evidence’ that prisoner poses unreasonable risk of danger to society if released from prison. |
Criminal Law and Procedure |
|
Nov. 5, 2007 | |
|
06-1680
|
Allen v. Siebert
Because petition for state postconviction relief was rejected as untimely under Alabama law, it was not 'properly filed' under AEDPA. |
Criminal Law and Procedure |
|
Nov. 5, 2007 | |
|
07-7348
|
Berry v. Epps
Order |
|
Nov. 5, 2007 | ||
|
07-110
|
Arave v. Hoffman
Order |
|
Nov. 5, 2007 | ||
|
07-417
|
Ross v. Broadway Towers, Inc.
Order |
|
Nov. 5, 2007 | ||
|
07-6846
|
In re Gabriel G. Atamian
Order |
|
Nov. 5, 2007 | ||
|
05-56794
|
Perfumebay.com Inc. v. eBay Inc.
Court properly enjoins internet based company from using infringing marks where likelihood of consumer confusion exists. |
Intellectual Property |
|
Nov. 5, 2007 | |
|
04-73960
|
Hanna v. Keisler
Fall of Ba’ath party in Iraq is insufficient to remove alien’s fear of future persecution or foreclose his petition for withholding of removal. |
Immigration |
|
Nov. 5, 2007 | |
|
04-30007
|
U.S. v. Gonzales
Suspended sentence does not constitute 'term of imprisonment of at least 30 days' for purposes of calculating criminal history score under sentencing guidelines. |
Criminal Law and Procedure |
|
Nov. 5, 2007 | |
|
06-35255
|
Lewis v. U.S. Dept. of Education (In re Lewis)
Amendment to law governing dischargeability of student loan debt in bankruptcy may be retroactively applied to debt incurred before law changed. |
Bankruptcy |
|
Nov. 5, 2007 | |
|
06-55001
|
Financial Management Advisors LLC v. American International Specialty Lines Insurance Co.
Insurance company improperly denies coverage for claims brought by unrelated investors who have same financial advisor, but allege different 'wrongful acts.' |
Insurance |
|
Nov. 5, 2007 |
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