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Name Category Published
U.S. v. Simpson
Defendant's prior conviction of attempted sexual abuse of minor is not violent felony and hence defendant is not prohibited firearm possessor.
Criminal Law and Procedure Jun. 30, 2006
Guerrero v. Gates
Where plaintiff never contested arrests or convictions prior to filing lawsuit, his claims of wrongful arrest, malicious prosecution and conspiracy are barred.
Civil Rights Jun. 30, 2006
People v. Vo
Defendants who acted together to murder gang member and assault deputy were eligible for gang enhancement.
Criminal Law and Procedure Jun. 29, 2006
Kansas v. Marsh
Kansas law which directs imposition of death penalty when aggravating and mitigating circumstances are in equipoise is constitutional.
Criminal Law and Procedure Jun. 29, 2006
Washington v. Recuenco
Sentencing factors must be proved to jury beyond reasonable doubt, however failure to do so can be harmless error.
Criminal Law and Procedure Jun. 29, 2006
U.S. v. Gonzalez-Lopez
Criminal defendant is entitled to reversal of conviction where trial court erroneously deprived him of choice of counsel.
Criminal Law and Procedure Jun. 29, 2006
Arlington Central School District Board of Education v. Murphy
Fee-shifting provision of IDEA does not authorize prevailing parents to recover expert fees.
Education Jun. 29, 2006
Randall v. Sorrell
Campaign contribution limits violate First Amendment where limits burden protected interests and are too restrictive.
Constitutional Law Jun. 29, 2006
Beard v. Banks
Prison officials have set forth adequate legal support for policy that forbids inmates any access to newspapers, magazines and photographs.
Prisoners Rights Jun. 29, 2006
Sanchez-Llamas v. Oregon
Even if Vienna Convention provides judicially enforceable rights, suppression is not appropriate remedy for violations, and state's regular procedural default rules apply.
Constitutional Law Jun. 29, 2006
League of United Latin American Citizens v. Perry
Challenges to districting were improperly rejected where changes benefited incumbent, not voters.
Government Jun. 29, 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 Jun. 29, 2006
Woodford v. Ngo
Exhaustion requirement under Prison Litigation Reform Act of 1995 requires proper exhaustion of administrative remedies.
Prisoners Rights Jun. 28, 2006
Laboratory Corp. of America Holdings v. Metabolite Laboratories Inc.
Writ of certiorari in patent case is dismissed as improvidently granted.
Intellectual Property Jun. 28, 2006
Dixon v. U.S.
Conviction for receiving firearm while under indictment is proper where defendant's duress defense does not controvert elements of crime.
Criminal Law and Procedure Jun. 28, 2006
Fernandez-Vargas v. Gonzales
New removal reinstatement provision applies to aliens who re-entered United States before IIRIRA's effective date and does not have impermissible retroactive effect.
Immigration Jun. 28, 2006
Burlington Northern & Santa Fe Railway Co. v. White
Employee who demonstrated employer's actions were materially adverse to reasonable employee was entitled to damages under anti-retaliation provision of Civil Rights Act.
Employment Law Jun. 28, 2006
Norfolk Southern Railway Co. v. Consolidated Freightways Corp. (In re Consolidated Freightways Corp.)
In federal bankruptcy proceeding involving transportation providers, interline trust doctrine is not recognized and cannot be applied in proceeding.
Bankruptcy Jun. 27, 2006
Josephs v. Pacific Bell
Discriminatory refusal to reinstate is separately actionable claim.
Employment Law Jun. 27, 2006
Davis v. Grigas
Offender may be entitled to habeas relief where court based decision on erroneous understanding that he stipulated to sentence he received.
Criminal Law and Procedure Jun. 27, 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 Jun. 27, 2006
U.S. v. Zavala
Defendant's sentence is not proper where court erred in giving Sentencing Guidelines calculation exaggerated weight, and error was not harmless.
Criminal Law and Procedure Jun. 27, 2006
Estate of Spirtos v. One San Bernardino County Superior Court Case Numbered SPR 02211
As creditor, plaintiff lacks standing to bring RICO claims on behalf of bankruptcy estate.
Bankruptcy Jun. 27, 2006
Opinion of Lockyer
Statutory amendments concerning payments received by city council members serving on commission do not affect members in office prior to amendments.
Government Jun. 26, 2006
Commissioner of Internal Revenue v. Ewing
Tax court did not have jurisdiction over petition for review because no deficiency had been asserted.
Taxation Jun. 26, 2006
Roles v. Maddox
Prison Litigation Reform Act of 1995 required prisoner challenging confiscation of magazines to exhaust his administrative remedies first.
Prisoners Rights Jun. 26, 2006
Cornwell v. Electra Central Credit Union
Employee raised triable issue of fact to defeat summary judgment regarding demotion but not regarding subsequent termination.
Employment Law Jun. 26, 2006
The Attorney General of Guam v. Thompson
Order
Jun. 26, 2006
U.S. v. Chen
'Miranda' warning was required where questioning of suspect arrested for misdemeanor was done to procure testimony against third-party suspected smuggler.
Criminal Law and Procedure Jun. 26, 2006
Powers v. Wells Fargo Bank NA
Statute 18 U.S.C. Section 1964(c) bars RICO claims alleging security fraud in individual and class actions except where defendant has been criminally convicted.
Securities Jun. 26, 2006