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Name Category Published
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
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
People v. Young
Order
Feb. 17, 2006
People v. Rivera
Order
Feb. 17, 2006
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
People v. Rodriguez
Order
Feb. 16, 2006
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
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
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
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
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
Carbonell v. INS
Under Equal Access to Justice Act, Congress has authorized fee recovery by prevailing parties.
Immigration Feb. 14, 2006
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
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
Padilla v. Lever
Bilingual provisions applied to election recall petitions pursuant to Voting Rights Act.
Government Feb. 14, 2006
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
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
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
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
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
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
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
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
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
U.S. v. Sahanaja
Search of package containing controlled substance was lawful under extended border search doctrine.
Criminal Law and Procedure Feb. 14, 2006
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
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
U.S. v. Mays
Termination of criminal defendant's supervised release does not terminate garnishment order.
Criminal Law and Procedure Feb. 14, 2006
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
U.S. v. Heredia
Evidence in drug distribution case was insufficient to warrant 'deliberate ignorance' jury instruction.
Criminal Law and Procedure Feb. 14, 2006