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Name Category Published
Bazua-Cota v. Gonzales
Order
Jan. 11, 2007
Haraguchi v. Superior Court (People)
Prosecutor trying rape case while promoting novel involving identical charge had disabling conflict of interest warranting recusal.
Attorneys Jan. 11, 2007
Hollywood v. Superior Court (People)
Prosecutor assigned to try murder case must be recused due to his involvement in making of film about case.
Attorneys Jan. 11, 2007
Silver v. Executive Car Leasing Long-Term Disability Plan
Employee with serious heart condition demonstrated that he was continuously disabled and entitled to disability benefits.
Employment Law Jan. 11, 2007
In re Marriage Cases
Family Code sections limiting availability of civil marriage to opposite sex couples is not unconstitutional.
Constitutional Law Jan. 11, 2007
County of Los Angeles v. California State Water Resources Control Board
Permit issued by California Regional Water Quality Control Board is subject to California Environmental Quality Act review.
Environmental Law Jan. 11, 2007
Quiksilver v. Kymsta Corp.
In trademark infringement case, whether tacking applies should be analyzed as question of fact.
Intellectual Property Jan. 11, 2007
People v. Vu
Where gang member was convicted of conspiracy to commit murder, independent evidence sufficiently corroborated accomplice testimony.
Criminal Law and Procedure Jan. 11, 2007
Sacks v. Office of Foreign Assets Control
Where plaintiff's challenges to travel ban and medicine restrictions sanctions fail, dismissal of complaint is proper.
Administrative Agencies Jan. 11, 2007
People v. Rodriguez
In case involving motion to suppress evidence, there is material question of fact as to legality of traffic stop.
Criminal Law and Procedure Jan. 11, 2007
Conservatorship of Christopher A.
Independent review of record to determine whether arguable appellate issues existed was unavailable in conservatorship proceeding.
Conservatorship Jan. 11, 2007
State Farm General Insurance Co. v. Wells Fargo Bank
Insurer may invoke right of subrogation only if insurer can demonstrate superior equities based on other party's level of fault for harm.
Insurance Jan. 11, 2007
Velazquez-Herrera v. Gonzales
In removal case, BIA is afforded opportunity to issue precedential decision regarding definition of child abuse.
Immigration Jan. 11, 2007
Ballen v. City of Redmond
Ordinance is invalid where it discriminates against commercial speech rights of businesses in content-based manner.
Constitutional Law Jan. 11, 2007
American Civil Liberties Union of Nevada v. City of Las Vegas
City ordinances prohibiting nonprofit organizations from soliciting in area of downtown Las Vegas unconstitutionally restricted free speech.
Constitutional Law Jan. 11, 2007
U.S. v. Santiago
Absent objection to accuracy of pre-sentence report, review is under plain error standard even if district court expressed concern with report's accuracy.
Criminal Law and Procedure Jan. 11, 2007
U.S. v. Lence
In case involving attorney's conviction for bank fraud, resentencing by original sentencing judge is necessary.
Criminal Law and Procedure Jan. 11, 2007
Pfizer Inc. v. Superior Court (Galfano)
In false advertising case, class certification is not proper where class members must have suffered injury in fact.
Civil Procedure Jan. 11, 2007
Rivas-Medina v. United States
Order
Jan. 10, 2007
Rivera-Grijalva v. United States
Order
Jan. 10, 2007
United Haulers Assn. Inc. v. Oneida-Herkimer Solid Waste
Order
Jan. 10, 2007
Flores-Huerta v. United States
Order
Jan. 10, 2007
U.S. v. Peters
Court's refusal to grant defendant credit against sentence is proper where it lacked statutory authority to do so.
Criminal Law and Procedure Jan. 10, 2007
Carrington v. United States
Under extraordinary circumstances where district court requests opportunity to resentence defendants it formerly sentenced under mandatory federal guidelines, recall of mandate is warranted.
Criminal Law and Procedure Jan. 10, 2007
People v. Brandon
Separate consecutive sentences for pimping and procurement of child or pandering is not improper punishment of same act under separate provisions of law
Criminal Law and Procedure Jan. 10, 2007
People v. Lewis
Defendant's motion seeking release from penalties was erroneously denied where he fulfilled conditions of probation.
Criminal Law and Procedure Jan. 10, 2007
People v. Jordan
Absence of actual juror responses to voir dire questionnaire did not prevent adequate appellate review of defendant's equal protection claims.
Constitutional Law Jan. 10, 2007
People v. Galland
Practice of allowing affiant officer to retain portion of original search warrant affidavit violated defendant's due process right.
Criminal Law and Procedure Jan. 10, 2007
North Kern Water Storage District v. Kern Delta Water District
Court improperly declared forfeiture where suit was brought to establish forfeiture of appropriative water rights through nonuse.
Real Property Jan. 10, 2007
Barnett v. Superior Court (People)
Defendant's request for original notes taken by 22 out-of-state officers who conducted interviews of testifying witnesses was erroneously denied.
Criminal Law and Procedure Jan. 10, 2007