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Name Category Published
Shire v. Ashcroft
Adverse credibility determination against alien based on speculation was improper.
Immigration Jan. 11, 2005
Roland v. Superior Court (People)
Defense must provide prosecution with unrecorded oral statements of prospective witnesses.
Criminal Law and Procedure Jan. 11, 2005
People v. Lazarevich
State may assert jurisdiction over father who violated custody order by taking children to foreign country.
Civil Procedure Jan. 11, 2005
Taha v. Ashcroft
Board of Immigration Appeals cannot find that petitioner lacked credibility because his testimony was more detailed than his asylum application.
Immigration Jan. 11, 2005
U.S. v. Mann
Prosecutor failed to prove defendants' firearm possession was 'in furtherance' of drug trafficking crime.
Criminal Law and Procedure Jan. 11, 2005
Li v. Ashcroft
Alien who committed fraud that caused equivocal amount of money loss is not removable.
Immigration Jan. 11, 2005
People v. Callahan
Order granting new trial due to ineffective assistance of counsel is reviewed deferentially.
Criminal Law and Procedure Jan. 11, 2005
Circu v. Ashcroft
Immigration judge's reliance on country report created two years after asylum hearing did not violate due process.
Immigration Jan. 11, 2005
Stow v. Murashige
Defendant whose first-degree murder conviction was reversed may not be retried for attempted second-degree murder.
Criminal Law and Procedure Jan. 11, 2005
Gantt v. Roe
Court will determine whether prosecutor failed to disclose exculpatory evidence.
Criminal Law and Procedure Jan. 11, 2005
U.S. v. Vargas-Amaya
District court lacked jurisdiction to consider whether defendant violated terms of supervised release.
Criminal Law and Procedure Jan. 11, 2005
Lanza v. Ashcroft
Immigration board's affirmance of deportation order without opinion violates due process and requires clarification.
Immigration Jan. 11, 2005
Northern California Carpenters Regional Council v. Warmington Hercules Associates
Anti-SLAPP motion was properly denied when suit alleged underpayment of non-union workers.
Civil Procedure Jan. 11, 2005
Osornio v. Weingarten
Estate planning attorney owed duty of care to donee nonclient under facts as may be alleged in amended complaint.
Attorneys Jan. 11, 2005
Central Delta Water Agency v. State Water Resources Control Board (Delta Wetlands Properties)
Water board improperly issued permit for development project that lacked actual purchasers.
Administrative Agencies Jan. 11, 2005
Heaps v. Heaps
Based on trust terms, second wife must pay over assets that she thought were her deceased husband's to his children.
Probate and Trusts Jan. 11, 2005
Save Our Sunol Inc. v. Mission Valley Rock Co.
County measure protecting agricultural land does not apply to previously approved quarry project.
Government Jan. 11, 2005
Santa Clara Valley Transportation Authority v. Public Utilities Commission
Public Utilities Commission does not have jurisdiction over transit district's light rail crossings.
Administrative Agencies Jan. 11, 2005
People v. Toscano
Court should have enforced defendant's plea agreement by permitting motion to strike prior conviction.
Criminal Law and Procedure Jan. 11, 2005
U.S. v. Butler
District court erred by not considering to group together counts of mail fraud and money laundering for sentencing purposes.
Criminal Law and Procedure Jan. 11, 2005
U.S. v. Smith
Search of automobile prior to arrest of speeding motorist without identification was valid.
Criminal Law and Procedure Jan. 11, 2005
Salvador-Calleros v. Ashcroft
Motion for stay of voluntary departure filed on Monday after Saturday when voluntary departure period ended is timely.
Immigration Jan. 11, 2005
Bates v. Franchise Tax Board
Plaintiffs may invoke damage and injunctive relief provisions of Information Practices Act in dispute with Franchise Tax Board.
Government Jan. 11, 2005
Gupta v. Stanford university
University student who challenges discipline must exhaust judicial remedy of administrative mandamus.
Civil Procedure Jan. 11, 2005
Thai v. Ashcroft
Order
Jan. 11, 2005
Bartee v. Ainsworth (In re Bartee)
Debtors do not have absolute right to dismissal of their voluntary bankruptcy case.
Bankruptcy Jan. 11, 2005
Diaz v. Gates
Order
Jan. 11, 2005
Benasra v. Mitchell, Silberberg & Knupp
Anti-SLAPP motion to strike should not have been granted in case regarding attorney breach of duty of loyalty.
Attorneys Jan. 11, 2005
Suarez v. Office of Administrative Hearings (Bennett)
Court may not order disclosure of Department of Real Estate manuals containing privileged information.
Administrative Agencies Jan. 11, 2005
Atlantic Mutual Ins. Co. v. Ruiz
Motorist that was hit while tending to fellow accident victim is not covered by his employer's policy.
Insurance Jan. 11, 2005