| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-16833
|
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 | |
|
04-10240
|
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 | |
|
02-70246
|
Albillo-De Leon v. Gonzales
Filing deadline under Nicaraguan Adjustment and Central American Relief Act is subject to equitable tolling. |
Immigration |
|
Aug. 23, 2005 | |
|
03-56135
|
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 | |
|
05-71086
|
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 | |
|
04-50030
|
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Guilty plea can be withdrawn prior to sentencing when defense counsel grossly mischaracterizes possible sentence.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 | |
|
03-36006
|
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 | |
|
02-73968
|
Marcos v. Gonzales
Death threats against immigrant in country of origin created well-founded fear of future persecution. |
Immigration |
|
Aug. 23, 2005 | |
|
03-16734
|
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 | |
|
02-73473
|
Chen v. Gonzales
Order |
|
Aug. 23, 2005 | ||
|
03-35857
|
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 | |
|
03-50479
|
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 | |
|
03-56514
|
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 | |
|
03-50129
|
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 | |
|
03-70244
|
Enriquez v. Gonzales
Alien's adjustment of status did not occur until he was automatically adjusted to lawful permanent resident. |
Immigration |
|
Aug. 23, 2005 | |
|
03-10551
|
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 | |
|
03-56588
|
Freeman v. Lasky, Haas & Cohler
'Noerr-Pennington' immunity doctrine may apply to discovery misconduct in antitrust action. |
Antitrust |
|
Aug. 23, 2005 | |
|
04-50013
|
U.S. v. Bello-Bahena
Alien facing deportation was entitled to have jury receive instruction regarding official restraint. |
Immigration |
|
Aug. 23, 2005 | |
|
02-71224
|
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 | |
|
03-16309
|
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 | |
|
03-30321
|
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 | |
|
04-15031
|
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 | |
|
S134609
|
People v. Withers
Order |
|
Aug. 22, 2005 | ||
|
S133470
|
People v. Ivey
Order |
|
Aug. 22, 2005 | ||
|
S134160
|
People v. Hernandez
Order |
|
Aug. 22, 2005 | ||
|
S117568
|
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 | |
|
S123853
|
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 | |
|
S129463
|
City of Hope v. Genentech
Order |
|
Aug. 22, 2005 | ||
|
F044669
|
People v. Beck
Jury instructions regarding attempted murder and implied malice were reversible error. |
Criminal Law and Procedure |
|
Aug. 22, 2005 | |
|
F043467
|
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 |