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Name Category Published
Irons v. Carey
Court reverses grant of habeas corpus petition of rehabilitated inmate denied parole based on cruel manner and trivial motive for killing.
Criminal Law and Procedure Jul. 15, 2007
Lyles v. State of California
Inverse condemnation and nuisance claims are time-barred where property owners do not investigate source of storm damage causing offensive condition.
Civil Procedure Jul. 15, 2007
U.S. v. Abbouchi
Motion to suppress evidence of counterfeit social security cards is properly denied where package was searched at UPS sorting hub.
Criminal Law and Procedure Jul. 15, 2007
Evard v. Southern California Edison
Billboard owners’ failure to comply with regulation ensuring workers’ safety creates triable issues of fact regarding whether their omissions breached that duty.
Torts Jul. 12, 2007
People ex rel. Brown v. Powerex Corp.
Filed rate doctrine bars Attorney General’s claims challenging energy wholesaler’s malicious conduct during California energy crisis.
Civil Procedure Jul. 12, 2007
People v. Silas
Order
Jul. 12, 2007
People v. Herndon
Order
Jul. 12, 2007
People v. Palacios
Multiple punishment prohibition does not limit three sentence enhancements for single shot fired at single victim during simultaneous commission of three crimes.
Criminal Law and Procedure Jul. 12, 2007
DiPirro v. Bondo Corp.
Plaintiff is not entitled to jury trial on affirmative defense in case involving corporation who manufactured toxic paint.
Constitutional Law Jul. 12, 2007
U.S. v. W.R. Grace
Court properly sets deadlines for disclosure of expert witnesses in case concerning improper disposal of asbestos-contaminated vermiculite.
Criminal Law and Procedure Jul. 12, 2007
Perfect 10 Inc. v. Visa International Service Association
Magazine’s contributory copyright infringement claim against payment processors is properly dismissed where there was no material contribution or inducement to actual infringement.
Intellectual Property Jul. 11, 2007
Diamond Z Trailer Inc. v. JZ LLC (In re JZ LLC)
Undisclosed licensing agreement 'rides through' Chapter 11 case, as debtor continued to operate business and retained legal form.
Bankruptcy Jul. 11, 2007
In re Marquez
Due process requires that parolee be released from custody due to prejudice from delay of probable cause and parole revocation hearings.
Criminal Law and Procedure Jul. 11, 2007
Corrales v. Bradstreet
Labor Commissioner improperly issues binding precedent decision circumventing Administrative Procedure Act but is not responsible for general backlog in processing employee claims.
Labor Law Jul. 11, 2007
Corrales v. Bradstreet
Labor Commissioner improperly issues binding precedent decision circumventing Administrative Procedure Act but is not responsible for general backlog in processing employee claims.
Labor Law Jul. 11, 2007
In re Zamer G.
Conflict of interests exists where lawyer cannot simultaneously advocate for best interests of some siblings in dependency proceedings without adversely affecting others.
Juveniles Jul. 11, 2007
Dunn & Black v. United States
Because of sovereign immunity, district court lacked subject matter jurisdiction over law firm's case against United States for attorney fees.
Constitutional Law Jul. 11, 2007
U.S. v. Shea
Conviction for intentionally damaging protected computer is upheld where former employee had access to relevant files and antagonistic relationship with company.
Criminal Law and Procedure Jul. 11, 2007
Britton v. Dallas Airmotive Inc.
Trial court properly stays California action involving helicopter crash, in favor of litigation in Idaho.
Civil Procedure Jul. 11, 2007
People v. Caesar
Aider and abettor is improperly convicted of premeditation though his confederate, the actual perpetrator, was found to have acted without premeditation.
Criminal Law and Procedure Jul. 11, 2007
People v. Abilez
'Marsden' motion is properly denied where attorney explains efforts to defend client accused of his mother's sodomy and murder.
Criminal Law and Procedure Jul. 10, 2007
People v. Buffington
Admission of psychologist's opinion in other sexually violent predator cases was irrelevant to show bias but did not unfairly prejudice defendant.
Criminal Law and Procedure Jul. 10, 2007
U.S. v. Forrester
In case where defendant used Internet to help run Ecstasy lab, computer surveillance by government does not constitute search under Fourth Amendment.
Criminal Law and Procedure Jul. 10, 2007
Crater v. Galaza
Anti-terrorism and Effective Death Penalty Act’s restrictions for which habeas relief is granted, and alterations to its applied standards are not unconstitutional.
Criminal Law and Procedure Jul. 10, 2007
Abebe v. Gonzales
Permanent resident is ineligible for discretionary relief from removal where basis of deportability lacked a comparable ground of inadmissibility.
Immigration Jul. 10, 2007
Loma Linda University Medical Center v. Leavitt
Provider Reimbursement Review Board has jurisdiction over Medicare provider's appeal of cost it failed to include in report nearly 20 years ago.
Administrative Agencies Jul. 10, 2007
Phoenix H., a Minor
Mother is not allowed to file supplemental brief in propria persona after losing parental rights to two sons and presenting no appealable issues.
Juveniles Jul. 10, 2007
People v. Saracoglu
Court does not abuse its discretion admitting evidence of distraught wife’s statement about spousal abuse to police under spontaneous utterance hearsay exception.
Criminal Law and Procedure Jul. 10, 2007
U.S. v. Horvath
18 U.S.C. Section 1001(b) exemption applies where defendant told fictitious story to probation officer who submitted lie to judge in presentence report.
Criminal Law and Procedure Jul. 10, 2007
Fisher v. NOS Communications
'Filed rate doctrine' precludes customers' federal and state law claims challenging carriers' approved terms or rates charged under federally filed tariffs.
Civil Procedure Jul. 10, 2007