| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-1739
|
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 | |
|
04-10566
|
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 | |
|
05-204
|
League of United Latin American Citizens v. Perry
Challenges to districting were improperly rejected where changes benefited incumbent, not voters. |
Government |
|
Jun. 29, 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 |
|
Jun. 29, 2006 | |
|
05-416
|
Woodford v. Ngo
Exhaustion requirement under Prison Litigation Reform Act of 1995 requires proper exhaustion of administrative remedies. |
Prisoners Rights |
|
Jun. 28, 2006 | |
|
04-607
|
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 | |
|
05-7053
|
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 | |
|
04-1376
|
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 | |
|
05-259
|
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 | |
|
04-55717
|
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 | |
|
03-56412
|
Josephs v. Pacific Bell
Discriminatory refusal to reinstate is separately actionable claim. |
Employment Law |
|
Jun. 27, 2006 | |
|
05-15211
|
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 | |
|
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 |
|
Jun. 27, 2006 | |
|
05-30120
|
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 | |
|
03-56405
|
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 | |
|
05-1204
|
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 | |
|
04-73237
|
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 | |
|
04-35280
|
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 | |
|
04-35408
|
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 | |
|
03-15823
|
The Attorney General of Guam v. Thompson
Order |
|
Jun. 26, 2006 | ||
|
05-10108
|
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 | |
|
04-56084
|
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 | |
|
03-35333
|
Kennedy v. City of Ridgefield
Officer is not entitled to qualified immunity where he unreasonably violated plaintiff's clearly established constitutional right. |
Government |
|
Jun. 26, 2006 | |
|
02-56022
|
Bonner v. Carey, Warden
Order |
|
Jun. 26, 2006 | ||
|
04-50170
|
U.S. v. Stephens
Order |
|
Jun. 26, 2006 | ||
|
04-15882
|
Jett v. Penner
Prisoner presented sufficient evidence to establish that prison personnel and physicians were deliberately indifferent to treating his fractured thumb. |
Prisoners Rights |
|
Jun. 26, 2006 | |
|
04-55840
|
Jensen v. Pliler
Confrontation Clause did not bar admission of hearsay statements by deceased declarant made to his attorney. |
Criminal Law and Procedure |
|
Jun. 26, 2006 | |
|
03-72159
|
Yeghiazaryan v. Gonazales
In asylum case, petitioner was prejudiced because he was prevented from correcting mistranslation at his hearing before immigration judge. |
Immigration |
|
Jun. 26, 2006 | |
|
03-71255
|
Singh v. Gonzales
Immigration judge's credibility findings concerning alien's inconsistent testimony were not supported by substantial evidence. |
Immigration |
|
Jun. 26, 2006 | |
|
03-72028
|
Valencia v. Gonzales
Alien's conviction for felony statutory rape under California law does not constitute crime of violence for removal purposes. |
Immigration |
|
Jun. 26, 2006 |