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Name Category Published
People v. Vo
Defendants who acted together to murder gang member and assault deputy were eligible for gang enhancement. 		Criminal Law and Procedure Aug. 9, 2005
In re Joshua J.
Unlawful search may not be justified by fact that juvenile was subject to search condition of which officers were totally unaware. 		Juveniles Aug. 9, 2005
People v. Miller
Search of probationer was valid even though guilty plea resulting in probation was later vacated. 		Criminal Law and Procedure Aug. 9, 2005
U.A. Local 342 Apprenticeship & Training Trust v. Babcock & Wilcox Construction Co. Inc.
Local labor agreement requiring fund contributions from employer shall be enforced. 		Labor Law Aug. 9, 2005
United States v. Becerra-Garcia
Tribal rangers stop of trespassing van is reasonable. 		Criminal Law and Procedure Aug. 9, 2005
Li v. Ashcroft
Order 		Aug. 9, 2005
Anderson v. Alameida
Counsel need not challenge admission of confession on right to counsel ground where confession occurred during extradition. 		Criminal Law and Procedure Aug. 9, 2005
Williams v. Woodford
Opinion 		Aug. 9, 2005
Katzir's Floor and Home Design Inc. v. M-MLS.com
Trial court's addition of parties to judgment violates due process. 		Civil Procedure Aug. 9, 2005
Rivera v. Ashcroft
Jurisdiction exists to hear petitioner's claim of citizenship despite accepting deportation and waiving right to appeal immigration judge's decision. 		Immigration Aug. 9, 2005
State of Montana v. Goldin (In re Pegasus Gold Corp.)
Bankruptcy courts have post-confirmation jurisdiction over claims that have close nexus to original bankruptcy proceeding. 		Civil Procedure Aug. 9, 2005
United States v. Fowler (In re Fowler)
Debtors' employment tax debt retains its administrative expense status upon conversion from Chapter 11 to Chapter 13 bankruptcy. 		Bankruptcy Aug. 9, 2005
Sherwood Partners v. Lycos (In re: Sherwood)
California Civil Procedure Code Section 1800, which allows avoidance of preferential transfers, is preempted by Bankruptcy Code. 		Bankruptcy Aug. 9, 2005
U.S. v. Kama
Defendant waived threshold issue of whether district court abused its discretion when it declined to exercise its equitable jurisdiction. 		Criminal Law and Procedure Aug. 9, 2005
U.S. v. Bruce
Defendant who allegedly assaulted Indian child may have been charged under wrong statute because of own Indian status. 		Native American Affairs Aug. 9, 2005
People v. Ayers
Domestic violence forms filled out by victim were admissible in defendant's spousal battery trial. 		Criminal Law and Procedure Aug. 9, 2005
Estrada v. RPS Inc.
Because dismissal orders are part of class certification process, named plaintiffs have standing to appeal but orders are not appealable. 		Civil Procedure Aug. 9, 2005
U.S. v. Alvarez-Gutierrez
State misdemeanor conviction for sexual abuse of minor may be defined as aggravated felony for federal sentencing purposes. 		Criminal Law and Procedure Aug. 9, 2005
U.S. v. Mayo
Warrantless search of hatchback cargo area of vehicle incident to arrest of recent occupant was proper. 		Criminal Law and Procedure Aug. 9, 2005
Al-Safin v. Circuit City Stores Inc.
Arbitration agreement between employer and employee is substantively unconscionable. 		Civil Procedure Aug. 9, 2005
Reclamation District No. 684 v. State Dept. of Industrial Relations (Foundation for Fair Contracting)
Project for levee maintenance is public work subject to prevailing wage laws. 		Government Aug. 9, 2005
C3 Entertainment Inc. v. Arthur J. Gallagher & Co.
Trial court's grant of summary judgment for defendant based on interim ruling against other defendant was premature. 		Civil Procedure Aug. 9, 2005
Marriage of Riddle
Representative sample must be used in calculating a salesman's income for child and spousal support. 		Family Law Aug. 9, 2005
Azarte v. Ashcroft
When motion to reopen is filed within voluntary departure period, such period is tolled while Board of Immigration Appeals considers motion. 		Immigration Aug. 9, 2005
Marriage of Nicole F. Brown and Anthony Yana
Parent without legal or physical custody is entitled to evidentiary hearing in 'move-away' case. 		Family Law Aug. 9, 2005
People v. Arellano
Defendant's death threats did not negate surprise element of lying-in-wait special circumstance. 		Criminal Law and Procedure Aug. 9, 2005
Royalty Carpet Mills v. City of Irvine (Essex Property Trust)
Petitioner's challenge to conditional use permit was absolutely time-barred. 		Civil Procedure Aug. 9, 2005
Dees v. Billy
District court order that stays proceedings and compels arbitration is not appealable even if accompanied by administrative closing. 		Civil Procedure Aug. 9, 2005
Hodgson v. Banner Life Insurance Company
Applicant for life insurance who died before receiving policy is covered because insurer received payment and ultimately approved application. 		Insurance Aug. 9, 2005
Davis v. Commissioner of Internal Revenue
Surviving spouse with limited interest in deceased's trust cannot claim marital deduction on estate tax. 		Taxation Aug. 9, 2005
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