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Name Category Published
Kolender v. San Diego County Civil Service Commission (Salenko)
Civil service commission did not abuse its discretion in modifying discipline of police sergeant.
Government Dec. 14, 2005
People v. Accredited Surety and Casualty Co.
Surety's motion to vacate forfeiture of bail bond is denied for citing inapplicable statute.
Criminal Law and Procedure Dec. 14, 2005
Jones v. John Crane, Inc.
Order
Dec. 14, 2005
Consumer Cause Inc. v. Johnson & Johnson
Consent judgment that prohibits exonerated defendants from committing future violations must be vacated.
Civil Procedure Dec. 14, 2005
Jiang v. Gonzales
Petitioner who was 'arriving alien' was not eligible to renew his application for adjustment of status during removal proceedings.
Immigration Dec. 14, 2005
U.S. v. Dare
Imposition of mandatory minimum sentence using preponderance of evidence standard did not violate convict's constitutional rights.
Criminal Law and Procedure Dec. 14, 2005
Jackson v. Roe
District court will reconsider whether to stay proceedings on petitioner's 'mixed' habeas petition.
Criminal Law and Procedure Dec. 14, 2005
People v. Buser
Imposition of upper term sentence did not violate defendant's Sixth Amendment right to jury trial.
Criminal Law and Procedure Dec. 14, 2005
Grahm v. Superior Court (Zohar)
California court retained jurisdiction over child custody action when one parent continued to reside in state.
Family Law Dec. 14, 2005
U.S. v. Lynch
Order
Dec. 14, 2005
In re Phelon
Convict's pre-sentence credits may not be limited based on convictions for which punishment was stayed.
Criminal Law and Procedure Dec. 14, 2005
T.R., a Minor
Stepfather, who is registered sex offender, did not meet criteria for presumed father status.
Family Law Dec. 14, 2005
Villacreses v. Molinari
Parties' failure to enter cognizable arbitration agreement rendered judgment confirming arbitration award void.
Contracts Dec. 14, 2005
Trancas Property Owners Association v. City of Malibu (Trancas-PCH)
City may not enter into settlement agreement with developer in which it agrees to exempt developer from zoning provisions.
Government Dec. 14, 2005
Aryanna C., a Minor
Father's failure to abide by reunification plan warranted termination of services prior to six-month review hearing.
Family Law Dec. 14, 2005
Santiago v. Rumsfeld
Soldier whose enlistment was involuntarily extended under 'stop-loss' policy is not entitled to habeas relief.
Government Dec. 14, 2005
Bona v. Gonzales
Regulation precluding aliens from applying for adjustment of status is invalid.
Immigration Dec. 14, 2005
U.S. v. Cortez-Arias
State conviction for shooting at inhabited dwelling is 'crime of violence' under federal sentencing law.
Criminal Law and Procedure Dec. 14, 2005
Holgate v. Baldwin
Defendant who moved for attorney sanctions one year after complaint was filed is not entitled to sanctions.
Attorneys Dec. 14, 2005
U.S. v. Brown
Government's failure to specify whether it is moving to dismiss counts with prejudice does not constitute breach of plea agreement.
Criminal Law and Procedure Dec. 14, 2005
Bush v. Cheaptickets
Class action commenced when it was filed, not removed, for purposes of Class Action Fairness Act.
Civil Procedure Dec. 14, 2005
State of Idaho Potato Commission v. G&T Terminal Packaging Inc.
No-challenge provision in certification mark licensing agreement between state agency and producer is unenforceable.
Contracts Dec. 14, 2005
Harris v. Bankers Life and Casualty Co.
Notice of removability is determined through examination of four corners of applicable pleading.
Civil Procedure Dec. 14, 2005
U.S. v. Jensen
Information known by other officers may create probable cause for officer to arrest defendant under direction of other officers.
Criminal Law and Procedure Dec. 14, 2005
McFarland v. Norton
Quiet title action by party claiming easement on Glacier National Park does not accrue until National Park Service refuses access to road.
Real Property Dec. 14, 2005
Wells v. State Bar
Attorney's unlicensed activities in other jurisdiction constituted unlawful practice of law, warranting suspension.
Attorneys Dec. 13, 2005
Martin v. Franklin Capital Corp.
Absent unusual circumstances, attorney fees should not be awarded under 28 U.S.C. Section 1447(c) when removing party had reasonable basis for removal.
Attorneys Dec. 13, 2005
Lockhart v. United States
Under Debt Collection Act of 1996, government may offset Social Security benefits to collect outstanding student loan debt.
Government Dec. 13, 2005
U.S. v. LaFromboise
Until district court enters amended judgment of conviction, defendant's motion for habeas relief is premature rather than untimely.
Criminal Law and Procedure Dec. 13, 2005
People v. Miller
Order
Dec. 13, 2005