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Name Category Published
Martinez-Merino v. Keisler
Petitioner may not attack reinstatement of removal order by attempting to show he had received inadequate notice of his rights during underlying removal proceeding.
Immigration Oct. 10, 2007
Tollis Inc. v. County of San Diego
Court improperly severs time limits from permitting regime governing operation of adult entertainment businesses.
Constitutional Law Oct. 10, 2007
Parle v. Runnels
Multiple errors in admission and exclusion of evidence accumulated to deprive petitioner of constitutionally fair trial.
Criminal Law and Procedure Oct. 10, 2007
People v. Quiroz
Defendant is properly prosecuted as an adult where forged checks were deposited into her account after her 18th birthday.
Criminal Law and Procedure Oct. 10, 2007
People v. Dunkerson
Jury was properly instructed it may find defendant personally inflicted great bodily injury if defendant used physical force against victim during group attack.
Criminal Law and Procedure Oct. 10, 2007
People v. Turner
Probation conditions involving association and possession of stimulating materials do not pass constitutional muster under vagueness doctrine.
Criminal Law and Procedure Oct. 10, 2007
In re Pacheco
Even if court strikes sentence enhancement for violent felony, defendant is subject to limit on worktime credits applicable to prisoners with violent commitment offenses.
Criminal Law and Procedure Oct. 10, 2007
Hughes v. Pair
Plaintiff's sexual harassment suit against trustee of ex-husband's estate is not actionable under Civil Code Section 51.9.
Civil Rights Oct. 10, 2007
Lincoln Place Tenants Association v. City of Los Angeles
City must enforce agency's promised mitigation measures concerning project to demolish and redevelop Venice apartment complex before evicting remaining tenants.
Real Property Oct. 10, 2007
United States v. Carey (In re Wade Cook Financial Corp.)
IRS debt may be characterized as prepetition debt if tax refund is calculated postpetition but is generated by loss carryback based on losses incurred prepetition.
Bankruptcy Oct. 9, 2007
Hudson, Warden v. Spisak
Order
Oct. 9, 2007
Federal Express Corp. v. Holowecki
Order
Oct. 9, 2007
Realty Executives NV's Choice v. Swift
Order
Oct. 9, 2007
Martin v. Texas
Order
Oct. 9, 2007
Morgan v. U.S. District Court for the District of Arizona (In re Morgan)
District court must provide individualized reasons for rejecting sentence bargain plea agreements based on factual circumstances specific to case.
Criminal Law and Procedure Oct. 9, 2007
Quintero-Salazar v. Keisler
Petitioner is erroneously found to be removable where his state conviction is not categorically crime involving moral turpitude under immigration law.
Immigration Oct. 9, 2007
Guglielmino v. McKee Foods Corp.
If amount in controversy is unclear or ambiguous, removing defendant bears burden of establishing that it more likely than not exceeds $75,000.
Civil Procedure Oct. 9, 2007
U.S. v. Mitchell
Order
Oct. 9, 2007
Phillips v. Hust
Order
Oct. 9, 2007
Van v. Home Depot U.S.A. Inc.
Court properly concludes store perimeters do not constitute public fora where plaintiffs are prevented from collecting voter signatures outside.
Constitutional Law Oct. 8, 2007
People v. Linarez
Juvenile probationer who stipulates to court's consideration of prior criminal history waives right to jury trial for purposes of imposing upper term.
Criminal Law and Procedure Oct. 8, 2007
Reid v. Google Inc.
Google's termination of 54-year-old for not being 'cultural fit' supports claims of age discrimination, but not unfair hiring and promotion.
Employment Law Oct. 7, 2007
People v. Upsher
Conviction for attempting to dissuade witness is reversed where it is necessarily included in greater offense.
Criminal Law and Procedure Oct. 7, 2007
Lockhart v. County of Los Angeles
Only departments listed in statute and regulations 'prescribing minimum standards' overcome county's immunity to trigger liability for injury to psychiatric patient.
Government Oct. 7, 2007
Foster v. Wilson
Plaintiffs' federal securities fraud claim is properly dismissed where consultant's failure to purchase shares is at most, breach of contract.
Securities Oct. 7, 2007
Pocatello Education Association v. Heideman
Act prohibiting voluntary payroll deductions for political activities by local government and school district employees violates First Amendment.
Constitutional Law Oct. 7, 2007
People v. Mares
Bank withdrawal slip qualifies as 'order for payment' proving defendant presented 'completed check' using dealership's account number with intent to defraud.
Criminal Law and Procedure Oct. 7, 2007
People v. Singleton
Person must cross threshold of dwelling place in order to be 'present' for purposes of elevating burglary to violent felony.
Criminal Law and Procedure Oct. 4, 2007
Rialto Police Benefit Association v. City of Rialto (County of San Bernardino)
City's decision to contract with county sheriff rather than police department is subject to Meyers-Milias-Brown Act's meet and confer requirements.
Labor Law Oct. 4, 2007
Lingenfelter v. Astrue
Disabled applicant's failed trial work period does not provide clear and convincing support for ALJ's adverse credibility finding.
Government Oct. 4, 2007