| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S117964
|
People v. Yartz
Defendant's no contest plea for child molestation may be used as prior conviction to support civil commitment under Sexually Violent Predators Act. |
Criminal Law and Procedure |
|
Feb. 17, 2006 | |
|
B180087
|
People v. Jackson
Although trial court properly found probationer in violation of probation, it improperly extended probationary term for additional five years. |
Criminal Law and Procedure |
|
Feb. 17, 2006 | |
|
S138455
|
People v. Young
Order |
|
Feb. 17, 2006 | ||
|
S138898
|
People v. Rivera
Order |
|
Feb. 17, 2006 | ||
|
C050297
|
Costa v. Superior Court (Lockyer)
Version of initiative measure that obtained sufficient signatures cannot be placed on ballot because it differed from version sent to Attorney General. |
Government |
|
Feb. 17, 2006 | |
|
S139081
|
People v. Rodriguez
Order |
|
Feb. 16, 2006 | ||
|
04-17126
|
Camacho v. Bridgeport Financial Inc.
Plain language of Fair Debt Collection Practices Act Section 1692g(a)(3) indicates disputes of debt do not require writing. |
Business Law |
|
Feb. 15, 2006 | |
|
04-35409
|
Christensen v. Stevedoring Services of America Inc.
In disability claims case, award of attorney fees is not payable while plaintiff's appeal of it is pending. |
Attorneys |
|
Feb. 14, 2006 | |
|
03-50524
|
U.S. v. Howard
Government courtroom policies cannot be given same degree of deference that are given to government prison policies. |
Criminal Law and Procedure |
|
Feb. 14, 2006 | |
|
04-35940
|
Miranda v. City of Cornelius
Community caretaking doctrine allows police to impound where necessary to ensure that location or operation of vehicles does not jeopardize public safety. |
Criminal Law and Procedure |
|
Feb. 14, 2006 | |
|
03-57052
|
Twentieth Century Fox Film Corp. v. Entertainment Distributing
General Dwight Eisenhower wrote war memoirs as work for hire even though he was not employee of publisher. |
Intellectual Property |
|
Feb. 14, 2006 | |
|
03-56809
|
Carbonell v. INS
Under Equal Access to Justice Act, Congress has authorized fee recovery by prevailing parties. |
Immigration |
|
Feb. 14, 2006 | |
|
03-30527
|
U.S. v. Schneider
'Ameline' remand to district court is required to ascertain sentencing under now advisory-only U.S. Sentencing Guidelines. |
Criminal Law and Procedure |
|
Feb. 14, 2006 | |
|
04-16032
|
United States v. Truckee-Carson Irrigation District
Tribe was entitled to change use of water rights, but was not entitled to apply transportation loss portion of rights. |
Environmental Law |
|
Feb. 14, 2006 | |
|
03-56259
|
Padilla v. Lever
Bilingual provisions applied to election recall petitions pursuant to Voting Rights Act. |
Government |
|
Feb. 14, 2006 | |
|
04-50390
|
U.S. v. Lombera-Valdovinos
To be found guilty of attempted illegal re-entry, alien must have specific intent to re-enter free from official restraint. |
Immigration |
|
Feb. 14, 2006 | |
|
03-17378
|
Hayward v. Centennial Insurance Co.
Because claim alleged wrongful solicitation and not advertising injury, insurer was absolved of duty to defend insured. |
Insurance |
|
Feb. 14, 2006 | |
|
04-15047
|
Mpoyo v. Litton Electro-Optical Systems
District court properly dismissed, on res judicata grounds, plaintiff's claims which were brought two years after initial complaint was filed. |
Civil Procedure |
|
Feb. 14, 2006 | |
|
04-15180
|
Salazar v. McDonald (In re Salazar)
As used in 11 U.S.C. Section 507(a)(6), 'deposit' may include advance handing over of full payment for consumer goods or services. |
Bankruptcy |
|
Feb. 14, 2006 | |
|
04-35052
|
United States v. Asarco Inc.
District court must first interpret terms of environmental cleanup consent decree as if it was contract to determine if modification is warranted. |
Environmental Law |
|
Feb. 14, 2006 | |
|
03-56719
|
Brown v. Dillard's Inc.
Employer cannot compel employee to honor arbitration agreement of which it itself is in material breach. |
Civil Procedure |
|
Feb. 14, 2006 | |
|
03-74615
|
Tapia v. Gonzales
Being turned away at border by immigration officials does not itself interrupt accrual of alien's continuous physical presence. |
Immigration |
|
Feb. 14, 2006 | |
|
03-73562
|
Cuevas-Gaspar v. Gonzales
For purposes of determining eligibility for cancellation of removal, parent's admission for permanent resident status is imputed to minor children living with parent. |
Immigration |
|
Feb. 14, 2006 | |
|
03-35995
|
Ecology Center Inc. v. Austin
Forest Services' decision allowing logging in critical old-growth forest and post-fire habitats was 'arbitrary and capricious.' |
Environmental Law |
|
Feb. 14, 2006 | |
|
04-50504
|
U.S. v. Sahanaja
Search of package containing controlled substance was lawful under extended border search doctrine. |
Criminal Law and Procedure |
|
Feb. 14, 2006 | |
|
04-57189
|
Milne v. Stephen Slesinger Inc.
Termination provision of Copyright Term Extension Act of 1998 does not apply to post-1978 agreements. |
Intellectual Property |
|
Feb. 14, 2006 | |
|
03-55963
|
Miles v. Okun (In re Miles)
Bankruptcy court properly dismissed appellants' complaints because they lacked standing to seek damages under 11 U.S.C. Section 303(i). |
Bankruptcy |
|
Feb. 14, 2006 | |
|
04-50378
|
U.S. v. Mays
Termination of criminal defendant's supervised release does not terminate garnishment order. |
Criminal Law and Procedure |
|
Feb. 14, 2006 | |
|
03-74083
|
Sotelo v. Gonzales
Because aliens are not 'Barahona-Gomez' class members under settlement agreement, their motion to reopen deportation proceedings was properly denied. |
Immigration |
|
Feb. 14, 2006 | |
|
03-10585
|
U.S. v. Heredia
Evidence in drug distribution case was insufficient to warrant 'deliberate ignorance' jury instruction. |
Criminal Law and Procedure |
|
Feb. 14, 2006 |