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Name Category Published
Soldano v. United States
Competing public policy considerations, such as preserving natural resources versus need to minimize safety hazards, falls within FTCA discretionary function exception. 		Constitutional Law Oct. 17, 2006
Zehatye v. Gonzales
Jehovah's Witness is denied asylum because social ostracism, economic hardship, and religious scruples with forced military conscription do not amount to persecution. 		Immigration Oct. 17, 2006
Perez v. Rosario
Ineffective assistance of counsel claim fails when plea bargain offer was based on same legal mistake that denied effective assistance of counsel. 		Criminal Law and Procedure Oct. 17, 2006
Federal Trade Commission v. Cyberspace.com LLC
Mail solicitation for Internet service offering consumer check for $3.50 was deceptive practice within meaning of Federal Trade Commission Act. 		Business Law Oct. 17, 2006
Dubois v. Association of Apartment Owners of 2987 Kalakaua
Where condominium association prohibiting pets never required bulldog to leave pending review of matter, owners' Fair Housing Act claim failed. 		Civil Rights Oct. 17, 2006
Smith v. Mitchell
Order 		Oct. 17, 2006
U.S. v. Estrada
Finding offender guilty of possessing substance knowing it would be for manufacture did not require proof offender knew pills were pseudoephedrine. 		Criminal Law and Procedure Oct. 17, 2006
U.S. v. Lyons
In telemarketing fraud case, government did not err in introducing evidence that over 80 percent of donations went to telemarketers. 		Criminal Law and Procedure Oct. 17, 2006
U.S. v. Carty
District court must articulate on record its consideration of sentencing factors of 18 U.S.C. Section 3553(a) and its reasons for imposing sentence. 		Criminal Law and Procedure Oct. 17, 2006
U.S. v. Plouffe
Order 		Oct. 17, 2006
Almaghzar v. Gonzales
Immigration judge did not violate immigrant's due process rights when judge allowed immigrant to present evidence of Convention Against Torture claim. 		Immigration Oct. 17, 2006
Newman v. County of Orange
Plaintiff alleging malicious prosecution did not offer enough evidence to overcome presumption that prosecutor exercised independent judgment in choosing to file charges. 		Civil Rights Oct. 17, 2006
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 Oct. 17, 2006
Myron v. Terhune
State regulations governing prison administration did not create enforceable 14th Amendment liberty interests. 		Prisoners Rights Oct. 17, 2006
Astrium S.A.S. v. TRW, Inc.
Order 		Oct. 17, 2006
U.S. v. Mix
In kidnapping and aggravated sexual abuse case, life sentence was reasonable where court considered factors beyond sentencing guidelines. 		Criminal Law and Procedure Oct. 17, 2006
Meredith v. Jefferson City Bd. of Education
Order 		Oct. 17, 2006
People v. Lopez
Priest accused of molesting children did not receive fair trial where prosecutor's statements were based on opinion rather than evidence. 		Criminal Law and Procedure Oct. 16, 2006
Raley v. Ylst
Reversal of death sentence is not required where jury did not consider constitutionally forbidden topics during sentencing. 		Criminal Law and Procedure Oct. 16, 2006
Healy Tibbitts Builders Inc. v. Director, Office of Workers' Compensation Programs
Deceased employee was 'harbor worker' covered by Longshore and Harbor Workers' Compensation Act even though his job was not maritime in nature. 		Maritime Law Oct. 16, 2006
U.S. v. Miqbel
Adequate statement of reasons must accompany district court's imposition of sentence outside recommended guidelines. 		Criminal Law and Procedure Oct. 16, 2006
Gest v. Bradbury
Court's dismissal was proper where Oregon's Secretary of State's alleged unlawful conduct did not cause injury expected by initiative petition signature collectors. 		Constitutional Law Oct. 16, 2006
U.S. v. Thornton
Offender's conviction for driving with blood alcohol level of 0.08 was includable in calculating his criminal history score. 		Criminal Law and Procedure Oct. 16, 2006
Mendez-Gutierrez v. Gonzales
Board of Immigration Appeals properly refused to go beyond appellate court's limited remand. 		Immigration Oct. 16, 2006
Gonzales v. Thomas
Ninth Circuit erred in holding, in the first instance, that members of family constitute particular social group under Immigration and Nationality Act. 		Immigration Oct. 16, 2006
Park v. Anaheim Union High School District
District court did not abuse its discretion in declining to award attorney fees to parents of child with disability. 		Education Oct. 16, 2006
In re Carlos
Photographic line-up that displayed suspect's photo directly above his name and identification number was unnecessarily suggestive. 		Criminal Law and Procedure Oct. 16, 2006
Opinion of Lockyer
Confidential marital communications privilege does not apply when married peace officer is interrogated during investigation into misconduct by officer's spouse. 		Criminal Law and Procedure Oct. 16, 2006
Southern California Edison Co. v. PUC (State Building and Construction Trades Council of California)
California PUC's decision regarding prevailing wages is not proper where PUC failed to comply with law by violating its own procedural rules. 		Administrative Agencies Oct. 16, 2006
People v. Delgado
In case involving domestic violence, application of Penal Code Section 1203.097 to offenses occurring in 1993 violated prohibition against ex post facto laws. 		Criminal Law and Procedure Oct. 16, 2006
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