| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-15540
|
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 | |
|
S144212
|
H. (Dante) v. S.C. (People)
Order |
|
Aug. 4, 2006 | ||
|
04-16632
|
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 | |
|
04-15279
|
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 | |
|
04-16244
|
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 | |
|
04-35449
|
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 | |
|
05-50112
|
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 | |
|
02-99007
|
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 | |
|
05-10455
|
U.S. v. Camacho-Lopez
Defendant was wrongfully removed where his vehicular manslaughter conviction was erroneously characterized as aggravated felony. |
Immigration |
|
Aug. 4, 2006 | |
|
04-55084
|
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 | |
|
03-70165
|
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 | |
|
05-30055
|
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 | |
|
04-10257
|
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 | |
|
04-16003
|
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 | |
|
03-71439
|
Defenders of Wildlife v. EPA
Order |
|
Aug. 4, 2006 | ||
|
04-35863
|
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 | |
|
05-10088
|
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 | |
|
04-10090
|
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 | |
|
05-17292
|
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 | |
|
04-55615
|
Marder v. Lopez
Entertainment company's broad release bars copyright infringement claims brought by dancer whose life story inspired 'Flashdance.' |
Contracts |
|
Aug. 4, 2006 | |
|
S144678
|
Jones v. Law Office of Jonathan Winters
Order |
|
Aug. 4, 2006 | ||
|
S144254
|
Marriage of Wolfgang
Order |
|
Aug. 4, 2006 | ||
|
S127602
|
People v. Johnson
Order |
|
Aug. 4, 2006 | ||
|
S129110
|
Estate of Saueressig
Order |
|
Aug. 4, 2006 | ||
|
05-1440
|
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 | |
|
05-1268
|
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 | |
|
2006-170
|
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 | |
|
05-10339
|
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 | |
|
01-56367
|
Gaston v. Palmer
Order |
|
Jul. 26, 2006 | ||
|
05-10224
|
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 |