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Name Category Published
Kern County Farm Bureau v. Allen
U.S. Fish and Wildlife Service was not required to reopen public comment period where new post-comment information was not critical.
Environmental Law Aug. 6, 2006
H. (Dante) v. S.C. (People)
Order
Aug. 4, 2006
Central Delta Water Agency v. Bureau of Reclamation
Summary judgment is proper where there is no genuine issue of material fact regarding Bureau of Reclamation's compliance with state standard.
Civil Procedure Aug. 4, 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 Aug. 4, 2006
Quicken Loans Inc. v. Wood
Mortgage lender's express pre-emption argument fails where federal statute does not explicity pre-empt state per diem loan interest statutes.
Constitutional Law Aug. 4, 2006
Estate of Covington
In will contest case involving member of Indian tribe, documents relating to preparation of will are inadmissible under attorney-client privilege.
Probate and Trusts Aug. 4, 2006
U.S. v. Kim
In case of pharmacist convicted of selling cold remedies containing pseudoephedrine, his vagueness challenge against 21 U.S.C. Section 841(c)(2) is rejected.
Criminal Law and Procedure Aug. 4, 2006
Clark v. Brown
Court's failure to give felony-murder special circumstance jury instruction violated offender's due process right to present defense.
Criminal Law and Procedure Aug. 4, 2006
U.S. v. Camacho-Lopez
Defendant was wrongfully removed where his vehicular manslaughter conviction was erroneously characterized as aggravated felony.
Immigration Aug. 4, 2006
Center for Biological Diversity v. U.S. Fish & Wildlife Service
Endangered Species Act does not require government to complete formal designation of critical habitat for endangered fish species listed over 35 years ago.
Environmental Law Aug. 4, 2006
Alvarado v. Gonzales
Immigration judge's finding of ineligibility for asylum and withholding of removal was proper where petitioner had assisted in persecution.
Immigration Aug. 4, 2006
U.S. v. Staten
Sentence enhancement imposed upon convicted drug offender was improper where court failed to make factual determination required by U.S. Sentencing Guidelines.
Criminal Law and Procedure Aug. 4, 2006
U.S. v. Ortuno-Higareda
Although releasee was not given written copy of supervised release conditions, releasee had imputed knowledge of condition that he not commit crime.
Criminal Law and Procedure Aug. 4, 2006
Cactus Corner v. U.S. Dept. of Agriculture
In case involving medfly infestation, government's rule addressing medfly population was neither arbitrary nor capricious.
Administrative Agencies Aug. 4, 2006
Defenders of Wildlife v. EPA
Order
Aug. 4, 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 Aug. 4, 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 Aug. 4, 2006
U.S. v. Scott
Police may not conduct search based on less than probable cause of individual released while awaiting trial.
Criminal Law and Procedure Aug. 4, 2006
State of California v. United States
In abortion services case, proposed intervenors must be made parties to litigation because they have protectable interest at stake in case.
Civil Procedure Aug. 4, 2006
Marder v. Lopez
Entertainment company's broad release bars copyright infringement claims brought by dancer whose life story inspired 'Flashdance.'
Contracts Aug. 4, 2006
Jones v. Law Office of Jonathan Winters
Order
Aug. 4, 2006
Marriage of Wolfgang
Order
Aug. 4, 2006
People v. Johnson
Order
Aug. 4, 2006
Estate of Saueressig
Order
Aug. 4, 2006
Gaughan v. The Edward Dittlof Revocable Trust (In re Costas)
Beneficiary's disclaimer of interests in trust was not fraudulent transfer of property under state law.
Bankruptcy Aug. 4, 2006
Johnson v. TRE Holdings (In re Johnson)
Bankruptcy court improperly declined to exercise jurisdiction over automatic stay dispute, thus foreclosure sale was void.
Bankruptcy Aug. 4, 2006
Opinion by the Standing Committee on Professional Responsibility and Conduct of the State Bar of California
Charging lien in contingency fee agreement does not create 'adverse interest' to client under Rule 3-300 of California Rules of Professional Conduct.
Attorneys Aug. 3, 2006
U.S. v. Espinoza-Cano
District court did not err in considering police report to determine whether defendant had suffered prior aggravated felony conviction.
Criminal Law and Procedure Jul. 27, 2006
Gaston v. Palmer
Order
Jul. 26, 2006
U.S. v. Diaz-Argueta
In illegal re-entry case, sentence is not proper where court, other than using Sentencing Guidelines, failed to give reason for its sentence.
Criminal Law and Procedure Jul. 26, 2006