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Name Category Published
People v. Semaan
People cannot use bank funds of innocent third party for victim restitution without proving that she had no legitimate interest in funds.
Criminal Law and Procedure Mar. 7, 2006
People v. Pitto
Jury instruction failing to require finding of 'facilitative nexus' between presence of firearm and underlying offense was prejudicial.
Criminal Law and Procedure Mar. 7, 2006
Viva! International Voice For Animals v. Adidas Promotional Retail Operations Inc.
State law banning import of kangaroo products is pre-empted by federal law under doctrine of conflict pre-emption.
Constitutional Law Mar. 7, 2006
People v. Cross
Sexual perpetrator's state prison sentence of six years plus consecutive 15-year-to-life term was not cruel and unusual punishment.
Criminal Law and Procedure Mar. 7, 2006
People v. Licas
Assault with firearm was not lesser included offense of shooting from vehicle.
Criminal Law and Procedure Mar. 7, 2006
Welch (David) E.) on H.C.
Order
Criminal Law and Procedure Mar. 7, 2006
William R., a Minor
Probation condition prohibiting ward from associating with people of whom his parents disapprove must contain knowledge element.
Juveniles Mar. 7, 2006
Sickle on Discipline
Order
Mar. 7, 2006
Davis v. United States
Order
Mar. 6, 2006
Beard, Sec., PA DOC v. Banks
Order
Mar. 5, 2006
Whorton, Dir., NV DOC v. Collier
Order
Mar. 5, 2006
Bunton v. Bentley
Order
Mar. 5, 2006
Nimmons v. Crist
Order
Mar. 5, 2006
James v. USDC MD FL
Order
Mar. 5, 2006
Fleming v. Adams, Warden
Order
Mar. 5, 2006
Dixon v. United States
Order
Mar. 5, 2006
People v. Baylor
Admission of police detective's statements regarding identification by witness did not violate defendant's confrontation rights.
Criminal Law and Procedure Mar. 2, 2006
Opinion of Lockyer
Interim grading documents submitted to city by property owners seeking building permits are subject to public inspection under California Public Records Act.
Government Mar. 2, 2006
Brown v. Lambert
Prospective juror's view on capital punishment was not cause enough to warrant his excusal during voir dire.
Criminal Law and Procedure Mar. 1, 2006
U.S. v. Leal-Cruz
In attempted illegal re-entry case, defendant has burden of proving duress defense because it does not negate required element of specific intent.
Immigration Mar. 1, 2006
Moreno v. Baca
Because parolee is not stripped of all Fourth Amendment protection, denial of officers' qualified immunity claims was proper.
Criminal Law and Procedure Mar. 1, 2006
Valencia v. Gonzales
Sexual intercourse with minor is not 'crime of violence' for which alien could be found removable.
Immigration Mar. 1, 2006
Yeghiazaryan v. Gonzales
In asylum case, petitioner was prejudiced because he was prevented from correcting mistranslation at his hearing before immigration judge.
Immigration Mar. 1, 2006
U.S. v. Alisal Water Corp.
Court order requiring divestiture of privately-owned water systems that violated Safe Drinking Water Act was proper.
Environmental Law Mar. 1, 2006
Suncrest Healthcare Center LLC v. Omega Healthcare Investors Inc.
Transfer of rights to operate nursing home did not entitle health care center to retain Medicare reimbursements intended for transferor.
Contracts Mar. 1, 2006
Hardage v. CBS Broadcasting Inc.
Actions taken by employer did not amount to constructive discharge of employee who sued for sexual harassment.
Employment Law Mar. 1, 2006
Hoskins v. Hogstad
Court's denial of special motion to strike is proper where hearing date was not within 30 days of service of motion.
Civil Procedure Mar. 1, 2006
Opinion of Lockyer
Physician generally may prescribe for patient medical device that is distributed by company in which physician has ownership interest.
Business Law Feb. 28, 2006
Yarnall v. Four Aces Emporium Inc. (In re Boganski)
Creditor failed to establish that incorrect finance charge was bona fide error.
Bankruptcy Feb. 27, 2006
Gonzales v. O Centro Espirita Beneficente Uniao Do Vegetal
Government has burden to demonstrate compelling interest under Religious Freedom Restoration Act where church's tea used for communion was seized.
Constitutional Law Feb. 23, 2006