| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
04-15848
|
Baldwin v. Placer County
County is not entitled to qualified immunity where police officer lied to magistrate to get search warrant. |
Civil Rights |
|
Jun. 17, 2005 | |
|
02-35906
|
Bains LLC v. ARCO Products Co.
Punitive damages award against corporation for racial discrimination exceeds constitutional limits. |
Civil Procedure |
|
Jun. 17, 2005 | |
|
03-50550
|
U.S. v. Pulliam
Firearm found during unlawful search of car may be admitted against unlawfully detained passenger. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
03-30533
|
U.S. v. Smith
Defendant's prior conviction qualified as 'violent felony' under Armed Career Criminal Act. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
04-30208
|
U.S. v. Gust
Warrantless search of gun case as 'single-purpose container' was unlawful. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
03-55072
|
Rios v. Garcia
Defendant who was sentenced to life for stealing two watches is not entitled to habeas relief. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
03-30486
|
U.S. v. Sandoval
Guilty plea to third-degree assault in Washington does not provide categorical basis for enhancement for crime of violence. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
02-35444
|
Brock v. Seling
Jury is not required to make specific findings of 'lack of control' before ordering civil commitment of sexually violent predator. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
S128181
|
People v. Oates
Order |
|
Jun. 17, 2005 | ||
|
03-16966
|
Ferreira v. Ashcroft
False statement to obtain aid is aggravated felony when record of conviction indicates that restitution exceeded $10,000. |
Immigration |
|
Jun. 17, 2005 | |
|
F044068
|
Leavitt v. County of Madera
Requirement that petitioner request hearing in writ of mandate proceeding must be construed literally. |
Environmental Law |
|
Jun. 17, 2005 | |
|
03-16068
|
Agyeman v. Corrections Corp. of America
District court should have appointed counsel for plaintiff where case was complex and exceptional. |
Civil Procedure |
|
Jun. 17, 2005 | |
|
02-16155
|
Price v. City of Stockton
Preliminary injunction cannot require city to adopt replacement housing plan when statute does not create enforceable individual right to such plan. |
Government |
|
Jun. 17, 2005 | |
|
03-15267
|
Clark v. United Emergency Animal Clinic Inc.
Veterinarians are exempted from overtime wage requirements of Fair Labor Standards Act. |
Employment Law |
|
Jun. 17, 2005 | |
|
03-16730
|
Huang v. Ashcroft
Immigrant seeking deferral of removal under Convention Against Torture must comply with federal deadline. |
Immigration |
|
Jun. 17, 2005 | |
|
B164022
|
TME Enterprises Inc. v. Norwest Corp.
Bank can accept incoming wire transfer with beneficiary that does not match name on account as long as it is unaware of discrepancy. |
Banking |
|
Jun. 17, 2005 | |
|
D042385
|
Building Industry Association of San Diego County v. State Water Resources Control Board
Water Resources Control Board has authority under federal law to include permit provisions requiring compliance with state water quality standards. |
Environmental Law |
|
Jun. 17, 2005 | |
|
C042456
|
People v. Song
Co-defendants' improperly admitted statements incriminating each other is not harmless error if they relate to central issue of a charge. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
03-71469
|
Mamouzian v. Ashcroft
Government sanctioned beatings, threats, and arrests of a government protester are sufficient to show political persecution. |
Immigration |
|
Jun. 17, 2005 | |
|
03-35808
|
U.S. v. Fredman
Attorney's admission of defendant's wrongdoing in opening statement was not ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
02-16903
|
Dawson v. Washington Mutual Bank (In re Dawson)
Debtor may recover damages for emotional distress without needing to show violation of bankruptcy stay was egregious. |
Bankruptcy |
|
Jun. 17, 2005 | |
|
C039617
|
Lonicki v. Sutter Health Central
Statutory definition of serious health condition that makes employee unable to perform functions of her position is not employer-specific. |
Employment Law |
|
Jun. 17, 2005 | |
|
F045075
|
Morgan v. San Joaquin Community Hospital
Notice of appeal stated within points and authorities of defective motion for reconsideration is valid. |
Civil Procedure |
|
Jun. 17, 2005 | |
|
F043826
|
People v. Navarro
Imposition by court of consecutive sentences does not violate right to jury trial when based on facts found by jury. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
F044943
|
Bakersfield Citizens for Local Control v. City of Bakersfield
City must assess both individual and cumulative environmental impact of two shopping centers located 3.6 miles apart. |
Environmental Law |
|
Jun. 17, 2005 | |
|
F043836
|
Crippen v. Central Valley RV Outlet Inc.
Plaintiff failed to prove arbitration agreement is procedurally unconscionable. |
Civil Procedure |
|
Jun. 17, 2005 | |
|
S034473
|
People v. Monterroso
Admission of dying declaration of convenience store clerk does not violate Confrontation Clause. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
S114375
|
People v. Braxton
Trial court must conduct hearing on defendant's motion for new trial on ground of jury misconduct. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
B166718
|
People v. Overby
Consent to Batson-Wheeler remedy of reseating juror is implied from request that juror remain in courtroom and submission to remedy without argument. |
Criminal Law and Procedure |
|
Jun. 17, 2005 | |
|
B175411
|
Briley v. Appellate Division of the Superior Court of Los Angeles (Hermosa Beach Police Dept.)
Defendants are entitled to discovery resulting from an internal affairs investigation of the circumstances of their arrests. |
Criminal Law and Procedure |
|
Jun. 17, 2005 |