| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F047031
|
Kelton v. Stravinski
Ongoing business relationship between equal partners does not validate covenant not to compete. |
Contracts |
|
Oct. 18, 2006 | |
|
H028833
|
State Board of Equalization v. Superior Court (barnesandnoble.com)
Venue for online bookseller's action against tax board is proper in city where attorney general maintains office of legal staff. |
Taxation |
|
Oct. 18, 2006 | |
|
H028484
|
People v. Wesson
Defendant's conviction of sodomy by force is upheld where evidence of prior sex offenses was properly admitted pursuant to Evidence Code. |
Civil Procedure |
|
Oct. 18, 2006 | |
|
G034988
|
People v. Najera
Defense attorney's failure to object to prosecutor's misstatements about law was harmless because defendant was not entitled to manslaughter instruction. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
04-35797
|
Freeman v. Gonzales
Government's assertion that alien widow was stripped of her spousal status pursuant to her citizen husband's untimely death frustrates congressional policy. |
Immigration |
|
Oct. 18, 2006 | |
|
04-30300
|
U.S. v. Littlesun
In drug sale case, hearsay testimony against defendant was properly admitted by court during sentencing. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
03-17098
|
Boyd v. Newland
State court did not violate clearly established federal law by using nonjury juvenile adjudication to enhance sentence. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
02-99004
|
Hoffman v. Arave
Defendant received ineffective assistance of counsel during plea bargaining process where counsel's advice was based on incomplete research. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
04-17496
|
Center for Bio-Ethical Reform Inc. v. City and County of Honolulu
Honolulu's ordinance prohibiting banner towing over beaches does not violate First Amendment where it is reasonable and viewpoint neutral restriction on speech. |
Constitutional Law |
|
Oct. 18, 2006 | |
|
04-35514
|
Roy v. Lampert
Where habeas petitioners made sufficient allegations that they pursued claims diligently, they are entitled to evidentiary hearing on issue of equitable tolling. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
04-36009
|
Weaver v. Palmateer
Grant of habeas relief is not proper where petitioner cannot show prejudice in his ineffective assistance of counsel claim. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
04-55752
|
Edwards v. A. Lamarque, Warden
Order |
|
Oct. 18, 2006 | ||
|
04-16087
|
Hulteen v. AT&T Corp.
Order |
|
Oct. 18, 2006 | ||
|
04-35210
|
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 |
|
Oct. 18, 2006 | |
|
04-50392
|
U.S. v. Salazar
Sufficient evidence supports finding defendant willfully and unlawfully caused destruction of documents filed and deposited with INS. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
03-73930
|
Garcia-Quintero v. Gonzales
Petitioner is eligible for cancellation of removal where he is 'admitted in any status' pursuant to his acceptance into Family Unity Program. |
Immigration |
|
Oct. 18, 2006 | |
|
04-10648
|
U.S. v. Romm
Sufficient evidence supports defendant's conviction for possessing and receiving images of child pornography which were deleted from Internet cache. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
04-71432
|
Nuclear Information and Resource Service v. Nuclear Regulatory Commission
Party had no standing to sue Nuclear Regulatory Commission in federal court when it failed to show concrete injury. |
Administrative Agencies |
|
Oct. 18, 2006 | |
|
05-16327
|
Nuclear Information and Resource Service v. U.S. Dept. of Transportation Research and Special Programs Administration
Court of appeals had exclusive jurisdiction over challenged DOT rule regulating transportation of hazardous materials. |
Administrative Agencies |
|
Oct. 18, 2006 | |
|
04-36094
|
Chuck v. Hewlett Packard Co.
Although plan did not meet notification and review requirements of ERISA, plaintiff's claim for benefits is still time-barred. |
Employment Law |
|
Oct. 18, 2006 | |
|
05-30236
|
U.S. v. Lence
In case involving attorney's conviction for bank fraud, resentencing by original sentencing judge is necessary. |
Criminal Law and Procedure |
|
Oct. 18, 2006 | |
|
04-10632
|
U.S. v. Curtin
Order |
|
Oct. 18, 2006 | ||
|
04-55838
|
U.S. v. Novak
Order |
|
Oct. 18, 2006 | ||
|
05-416
|
Woodford v. Ngo
Order |
|
Oct. 18, 2006 | ||
|
S133114
|
People v. Kelly
Order |
|
Oct. 18, 2006 | ||
|
S136690
|
TRB Investments v. Firemans Fund
Order |
|
Oct. 18, 2006 | ||
|
05-5992
|
Zedner v. United States
Order |
|
Oct. 18, 2006 | ||
|
B179325
|
Premier Medical Management Systems Inc. v. California Insurance Guarantee Association
Trial court erred in denying insurers' anti-SLAPP motion where gravamen of complaint pertained to contesting payment of claims before administrative board. |
Civil Procedure |
|
Oct. 18, 2006 | |
|
03-74712
|
Zhou v. Gonzales
Denial of asylum because of adverse credibility finding was improper where petitioner presented evidence of pending arrest in China. |
Immigration |
|
Oct. 18, 2006 | |
|
04-10249
|
U.S. v. Napier
District court properly balanced defendant's rights with government's competing interests in determining sealed portions of search warrant affidavit should remain sealed. |
Criminal Law and Procedure |
|
Oct. 18, 2006 |