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Name Category Published
Shannon v. Newland
State supreme court decision handed down after petitioner's conviction did not trigger new one-year statute of limitations for habeas petition.
Criminal Law and Procedure Aug. 23, 2005
U.S. v. Burt
Defendant convicted of conspiracy to transport illegal aliens was entitled to have jury instructed on public authority defense.
Criminal Law and Procedure Aug. 23, 2005
Albillo-De Leon v. Gonzales
Filing deadline under Nicaraguan Adjustment and Central American Relief Act is subject to equitable tolling.
Immigration Aug. 23, 2005
Overstreet v. United Brotherhood of Carpenters and Joiners of America
Contracting companies cannot prevent union members from holding large banners announcing 'labor dispute.'
Labor Law Aug. 23, 2005
Barton v. U.S. District Court (SmithKline Beecham Corp.)
Attorney-client privilege attaches to answers provided by prospective clients to questionnaire that contained clause waiving privilege.
Attorneys Aug. 23, 2005
U.S. v. Davis
Guilty plea can be withdrawn prior to sentencing when defense counsel grossly mischaracterizes possible sentence.
Criminal Law and Procedure Aug. 23, 2005
U.S. v. 144,774 Pounds of Blue King Crab
Crab acquired in violation of Lacey Act constitutes property that is illegal to possess under Civil Asset Forfeiture Reform Act.
Civil Procedure Aug. 23, 2005
Marcos v. Gonzales
Death threats against immigrant in country of origin created well-founded fear of future persecution.
Immigration Aug. 23, 2005
Huftile v. Miccio-Fonseca
Favorable termination rule applies to civil commitments under California's Sexually Violent Predators Act.
Criminal Law and Procedure Aug. 23, 2005
Chen v. Gonzales
Order
Aug. 23, 2005
Spoklie v. State of Montana
Plaintiffs' federal claims against State of Montana are precluded by final judgment previously entered in their parallel state court case.
Civil Procedure Aug. 23, 2005
U.S. v. Bahena-Cardenas
Warrant of deportation may be admissible evidence in trial against defendant charged with illegal entry after deportation.
Immigration Aug. 23, 2005
Boyd v. Bert Bell/Pete Rozell NFL Players Retirement Plan
Former NFL player was not entitled to degenerative disability benefits.
Employment Law Aug. 23, 2005
U.S. v. Holler
Government's use of informant to assist in capturing defendant in drug bust did not violate due process.
Criminal Law and Procedure Aug. 23, 2005
Enriquez v. Gonzales
Alien's adjustment of status did not occur until he was automatically adjusted to lawful permanent resident.
Immigration Aug. 23, 2005
U. S. v. Weatherspoon
Vouching for credibility of witnesses constitutes prosecutorial misconduct that was prejudicial to defendant's case.
Criminal Law and Procedure Aug. 23, 2005
Freeman v. Lasky, Haas & Cohler
'Noerr-Pennington' immunity doctrine may apply to discovery misconduct in antitrust action.
Antitrust Aug. 23, 2005
U.S. v. Bello-Bahena
Alien facing deportation was entitled to have jury receive instruction regarding official restraint.
Immigration Aug. 23, 2005
Theagene v. Gonzales
Application of intervening case law to pending case without giving petitioner opportunity to respond does not violate due process.
Constitutional Law Aug. 23, 2005
City of Arcadia v. U.S. Environmental Protection Agency
Federal agency was authorized to approve state limits on dumping trash in Los Angeles River even after establishing its own limits.
Environmental Law Aug. 23, 2005
U.S. v. Zavala-Mendez
Deported alien who proceeds to border station directly after crossing border cannot be convicted of being found in United States.
Criminal Law and Procedure Aug. 23, 2005
Arc Ecology v. U.S. Dept. of the Air Force
Statutory presumption against extraterritoriality precludes foreign claimants from requesting relief under CERCLA.
Environmental Law Aug. 23, 2005
People v. Withers
Order
Aug. 22, 2005
People v. Ivey
Order
Aug. 22, 2005
People v. Hernandez
Order
Aug. 22, 2005
People v. Carson
Trial court can terminate defendant's right to self-representation for out-of-court misconduct.
Criminal Law and Procedure Aug. 22, 2005
Walker v. Los Angeles County Metropolitan Transportation Authority
Court of Appeal should construe notice of appeal from order denying new trial to encompass underlying appealable judgment.
Civil Procedure Aug. 22, 2005
City of Hope v. Genentech
Order
Aug. 22, 2005
People v. Beck
Jury instructions regarding attempted murder and implied malice were reversible error.
Criminal Law and Procedure Aug. 22, 2005
Sierra View Local Health Care District v. Sierra View Medical Plaza Associates
Grant of new trial motion was error because jurors were properly instructed on fair market value of building.
Real Property Aug. 22, 2005