| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-56367
|
Gaston v. Palmer
Deadline for federal habeas petition is tolled during interval between dismissal of one state habeas petition and filing of another. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
04-70945
|
Zolotukhin v. Gonzales
Court's refusal to permit testimony of relevant witnesses at removal proceeding violated alien's due process rights. |
Immigration |
|
Oct. 10, 2005 | |
|
04-50055
|
U.S. v. Dupas
Supreme Court holding making Sentencing Guidelines advisory may be applied retroactively. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
04-30219
|
U.S. v. Brown
Defendant's enhanced sentence on account of prior convictions did not violate his right to jury trial. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
04-30062
|
U.S. v. Dowd
Court may impose consecutive sentence after evaluating factors outlined in federal sentencing guidelines. |
Criminal Law and Procedure |
|
Oct. 10, 2005 | |
|
03-16874
|
San Carlos Apache Tribe v. United States
Sovereign immunity prevents Native American tribe from suing federal government for violating environmental laws. |
Government |
|
Oct. 10, 2005 | |
|
B173872
|
Leegin Creative Leather Products Inc. v. Carolina Santiaguin Diaz
Employer cannot establish justifiable reliance or damage in its claim that employee filed fraudulent workers' compensation claim. |
Workers' Compensation |
|
Oct. 10, 2005 | |
|
04-1533
|
Alcove Investment Inc. v. Conceicao (In re Conceicao)
Creditor's first judgment was inadequate to create lien when debtors' social security numbers were omitted from abstract. |
Bankruptcy |
|
Oct. 10, 2005 | |
|
A093538
|
Wise v. Pacific Gas and Electric Co.
Close of investigation by utility commission did not bar customers from suing public utility. |
Administrative Agencies |
|
Oct. 10, 2005 | |
|
S122031
|
People v. Alexander
Order |
|
Oct. 10, 2005 | ||
|
S120424
|
People v. Apodaca
Order |
|
Oct. 10, 2005 | ||
|
03-17068
|
Jackson v. CA Dept. of Mental Health
Petitioner who recommitted himself as sexually violent predator does not have standing to challenge prior commitment. |
Civil Procedure |
|
Oct. 9, 2005 | |
|
B156613
|
Bustamonte v. Flores
Judgment obtained by son for wrongful death of mother is not subject to Medi-Cal lien. |
Torts |
|
Oct. 5, 2005 | |
|
02-50252
|
U.S. v. Tarallo
Telemarketer's conviction for securities fraud based on vicarious liability theory is not supported by sufficient evidence. |
Securities |
|
Oct. 5, 2005 | |
|
02-73837
|
Unuakhaulu v. Ashcroft
District court has jurisdiction to review immigration board's nondiscretionary denial of relief under Convention Against Torture. |
Immigration |
|
Oct. 5, 2005 | |
|
A104819
|
Megrabian v. Saenz
California Department of Social Services can interpret statutory phrase differently than interpretation given by non-analogous federal regulation. |
Government |
|
Oct. 5, 2005 | |
|
D044120
|
Brierton v. Department of Motor Vehicles
Circumstances of defendant's driving provided reasonable suspicion for traffic stop and suspension of license. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
G034361
|
Hodge v. Kirkpatrick Development Inc.
Insurer had right to intervene in insured's construction defect lawsuit against third party. |
Insurance |
|
Oct. 5, 2005 | |
|
03-35386
|
Fields v. Legacy Health Systems
District courts' choice of Oregon law in wrongful death actions was proper. |
Civil Procedure |
|
Oct. 5, 2005 | |
|
04-15919
|
Bradley v. Henry
In camera conference to consider replacement of counsel conducted without defendant violates due process. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
B170613
|
McBride v. Board of Accountancy of the State of California
California Board of Accountancy may discipline members of firm that audited Orange County. |
Administrative Agencies |
|
Oct. 5, 2005 | |
|
D045980
|
Katie V. v. Superior Court (San Diego County Health and Human Services Agency)
Termination of parent's reunification services at 18-month review hearing need only be supported by preponderance of evidence. |
Family Law |
|
Oct. 5, 2005 | |
|
03-16618
|
Botello v. Gammick
Prosecutors who allegedly retaliated against investigator for whistleblowing are not entitled to absolute immunity. |
Employment Law |
|
Oct. 5, 2005 | |
|
C049375
|
Foosadas v. Superior Court (People)
Court cannot institute rule that defendant must object to temporary judge prior to first hearing. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
A106656
|
Tain v. State Board of Chiropractic Examiners
State regulation defining limits of chiropractic practice did not violate plaintiffs' constitutional rights. |
Constitutional Law |
|
Oct. 5, 2005 | |
|
B177111
|
Pinero v. Specialty Restaurants Corp.
Employee who was 'nitpicked' by supervisor after filing discrimination suit failed to establish retaliation. |
Employment Law |
|
Oct. 5, 2005 | |
|
B172385
|
People v. Banuelos
Court finding that defendant's prior assault qualified as serious felony for sentencing purposes was not supported by record. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
D044991
|
Michelle C., a Minor
Parental rights termination hearing conducted in absence of parent or parent's attorney resulted in due process violation. |
Family Law |
|
Oct. 5, 2005 | |
|
A103896
|
People v. Dial
Claim seeking order destroying information obtained by post-sentencing DNA test is not cognizable on criminal appeal. |
Criminal Law and Procedure |
|
Oct. 5, 2005 | |
|
04-10078
|
U.S. v. Camacho
Sanctions by military employer and subsequent criminal charges filed against defendant for same theft act do not violate Double Jeopardy Clause. |
Criminal Law and Procedure |
|
Oct. 5, 2005 |