| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
03-35217
|
Stevens v. Brink's Home Security Inc.
District court's order amending complaint to add non-diverse defendants and remanding case to state court is not appealable. |
Civil Procedure |
|
Oct. 5, 2004 | |
|
03-55974
|
Brewer v. Hall
Petitioner was not entitled to habeas relief because jury instruction did not violate clearly-established federal law. |
Criminal Law and Procedure |
|
Oct. 5, 2004 | |
|
02-50306
|
U.S. v. Flores-Montano
Order |
|
Oct. 5, 2004 | ||
|
02-70986
|
Public Citizens v. Dept. of Transportation
Order |
|
Oct. 5, 2004 | ||
|
02-35847
|
Keystone Land & Development Co. v. Xerox Corp.
Plaintiff presented insufficient evidence of formation of contract under Washington law. |
Contracts |
|
Oct. 5, 2004 | |
|
03-70342
|
Faruk v. Ashcroft
Asylum-seekers proved they suffered past persecution in Fiji on account of their mixed-race, mixed-religion marriage. |
Immigration |
|
Oct. 5, 2004 | |
|
02-72689
|
Li v. Ashcroft
Plaintiff's request for withholding of removal is denied for failure to demonstrate credible fear of persecution. |
Immigration |
|
Oct. 5, 2004 | |
|
04-99003
|
Dennis v. Budge
Because prisoner did not lack requisite mental capacity, attorney is not entitled to 'next friend' status in his capital murder case. |
Criminal Law and Procedure |
|
Oct. 5, 2004 | |
|
02-57148
|
Nissan Motor Co. v. Nissan Computer Corp.
Any commercial use of a famous mark is diluting regardless of whether it is confusing or combined with other identifiers. |
Intellectual Property |
|
Oct. 5, 2004 | |
|
03-35306
|
Smith v. Salish Kootenai College
Tribal court cannot exercise jurisdiction over negligence and spoliation of evidence claims of non-member. |
Native American Affairs |
|
Oct. 5, 2004 | |
|
03-35279
|
Gifford Pinchot Task Force v. United States Fish & Wildlife Service
Biological opinions that rely on Fish & Wildlife Service's incorrect definition of adverse modification are fatally flawed. |
Environmental Law |
|
Oct. 5, 2004 | |
|
01-15462
|
American Civil Liberties Union of Nevada v. Heller
Nevada law requiring certain groups publishing political materials to reveal on publication names and addresses of financial sponsors is invalid. |
Constitutional Law |
|
Oct. 5, 2004 | |
|
03-15698
|
Demery v. Arpaio
Installation of webcams in pretrial detention center violates due process rights of detainees. |
Constitutional Law |
|
Oct. 5, 2004 | |
|
02-36038
|
Custer v. Hill
Because crimes plaintiff was twice tried for were not part of same criminal episode, his 'double jeopardy' claim fails. |
Criminal Law and Procedure |
|
Oct. 5, 2004 | |
|
03-55095
|
Bellajaro v. Schiltgen
Court may review denial of plaintiff's application for naturalization but scope of review is limited to ground for denial. |
Immigration |
|
Oct. 5, 2004 | |
|
03-70051
|
Belishta v. Ashcroft
Order |
|
Oct. 5, 2004 | ||
|
02-73473
|
Chen v. Ashcroft
Board of appeals may not summarily affirm immigration judge's decision because this would violate streamlining regulations. |
Immigration |
|
Oct. 5, 2004 | |
|
02-73951
|
Alvarez-Garcia v. Ashcroft
Excludable alien does not enjoy procedural rights afforded to deportable aliens. |
Immigration |
|
Oct. 5, 2004 | |
|
D043922
|
La Jolla Cove Motel and Hotel Apartments Inc. v. Superior Court (Jackman)
Attorneys may contact directors of represented corporation as long as directors' separate counsel consents to contact. |
Attorneys |
|
Oct. 5, 2004 | |
|
B170027
|
Santa Barbara County Flower and Nursery Growers Assn. Inc. v. County of Santa Barbara
County can fulfill duty to make environment assessment of greenhouse development in form other than environmental impact report. |
Environmental Law |
|
Oct. 5, 2004 | |
|
02-50380
|
U.S. v. Kincade
DNA profiling of conditionally-released offenders does not violate Fourth Amendment. |
Criminal Law and Procedure |
|
Oct. 5, 2004 | |
|
S115009
|
In re Jennings
Mistake of fact as to age is a defense against charge of buying alcohol for underage drinker who later causes serious accident. |
Criminal Law and Procedure |
|
Oct. 5, 2004 | |
|
S067491
|
In re Seaton
Failure to raise issues about which petitioner had evidence at trial precludes consideration of those issues in habeas corpus proceeding. |
Criminal Law and Procedure |
|
Oct. 5, 2004 | |
|
G033402
|
In re Ogea
Defendant convicted of drug possession while armed is not eligible for probation under Proposition 36. |
Criminal Law and Procedure |
|
Oct. 5, 2004 | |
|
B161356
|
People v. Partida
|
|
Oct. 5, 2004 | ||
|
B170056
|
Ulysses D., a Minor
Photographs depicting minors and their parents in nude non-sexual positions constitute sexual abuse. |
Juveniles |
|
Oct. 5, 2004 | |
|
99-99018
|
Williams v. Woodford
Court lacks jurisdiction to consider defendant's motion for relief from judgment under Federal Rules of Civil Procedure 60(b). |
Criminal Law and Procedure |
|
Oct. 5, 2004 | |
|
03-1294
|
Hall v. United States
Order |
|
Oct. 5, 2004 | ||
|
03-9046
|
Rhines v. Weber
Order |
|
Oct. 5, 2004 | ||
|
03-9168
|
Shepard v. United States
Order |
|
Oct. 5, 2004 |