| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
02-55557
|
Salgado v. Garcia
Certificate of appealability can be denied by two-judge panel. |
Civil Procedure |
|
Sep. 29, 2004 | |
|
03-72100
|
Reyes-Reyes v. Ashcroft
Immigrant who can show that he would be tortured by private individuals with government acquiescence qualifies for withholding of removal. |
Immigration |
|
Sep. 29, 2004 | |
|
02-30390
|
U.S. v. Hugs
Condition of supervised release requiring qualified felon to provide DNA sample is a minimal intrusion on his right to privacy. |
Criminal Law and Procedure |
|
Sep. 29, 2004 | |
|
01-35984
|
Phiffer v. Columbia River Correctional Institute
Court may review interlocutory appeal without finding serious and unsettled question of law. |
Civil Procedure |
|
Sep. 29, 2004 | |
|
04-5462
|
Rompilla v. Beard
Order |
|
Sep. 29, 2004 | ||
|
03-725
|
Pasquantino v. United States
Order |
|
Sep. 29, 2004 | ||
|
E029354
|
People v. Oates
Criminal street gang enhancement was improper where jury did not find defendant personally fired gun. |
Criminal Law and Procedure |
|
Sep. 29, 2004 | |
|
02-16532
|
Rivera v. NIBCO, Inc.
Order |
|
Sep. 29, 2004 | ||
|
02-36096
|
Ground Zero Center for Nonviolent Action v. U.S. Dept. of the Navy
Navy is not required to issue impact statement on environmental effects of possible accidental missile explosion at submarine base. |
Environmental Law |
|
Sep. 29, 2004 | |
|
03-710
|
Davenpeck v. Alford
Order |
|
Sep. 29, 2004 | ||
|
03-814
|
Stewart v. Dutra Const. Co.
Order |
|
Sep. 29, 2004 | ||
|
03-931
|
Florida v. Nixon
Order |
|
Sep. 29, 2004 | ||
|
03-1407
|
Rousey v. Jacoway
Order |
|
Sep. 29, 2004 | ||
|
02-35992
|
Assurance Co. of America v. Wall & Associates LLC of Olympia
Washington insurance policy that covers direct physical loss of collapse caused by hidden decay also covers imminent collapse. |
Contracts |
|
Sep. 28, 2004 | |
|
02-50485
|
U.S. v. Combs
Disposal of unusable traces of drug was insufficient to support conviction for drug distribution. |
Criminal Law and Procedure |
|
Sep. 28, 2004 | |
|
03-15155
|
Benecke v. Barnhart
Disabled applicant who is clearly entitled to benefits need not undergo additional administrative proceedings. |
Administrative Agencies |
|
Sep. 28, 2004 | |
|
03-16319
|
United States v. Schiff
Because book claiming illegality of federal tax laws was advertisement for tax-avoidance products, it is commercial speech subject to injunction. |
Constitutional Law |
|
Sep. 28, 2004 | |
|
03-35818
|
Nike Inc. v. McCarthy
Former employee's non-competition agreement with Nike is enforceable. |
Employment Law |
|
Sep. 28, 2004 | |
|
03-10103
|
U.S. v. Gementera
Mail thief may be ordered to stand outside post office while wearing sandwich board stating 'I stole mail.' |
Criminal Law and Procedure |
|
Sep. 28, 2004 | |
|
03-35207
|
Public Utility District No. 1 v. Idacorp Inc.
Public utility's state lawsuit against energy wholesaler is pre-empted by federal law. |
Civil Procedure |
|
Sep. 28, 2004 | |
|
03-15687
|
Gaudin v. Remis
Petition by mother who moved from Canada to Hawaii to seek return of children is not moot. |
Civil Procedure |
|
Sep. 28, 2004 | |
|
02-16604
|
Poulos v. Caesars World Inc.
Since video poker players would need to show individualized reliance on misrepresentations to prove causation, class certification of RICO claim was properly denied. |
Civil Procedure |
|
Sep. 28, 2004 | |
|
02-74480
|
Choi v. Commissioner of Internal Revenue
IRS properly used 'bank deposits plus cash expenditures' method to reconstruct grocers' income. |
Taxation |
|
Sep. 28, 2004 | |
|
02-16472
|
United States v. LSL Biotechnologies
District court lacks jurisdiction over antitrust action against tomato-seed developer. |
Antitrust |
|
Sep. 28, 2004 | |
|
03-15487
|
Higgins v. Vortex Fishing Systems Inc.
Bankruptcy court that dismissed involuntary petition may award attorney fees based on 'totality of circumstances.' |
Bankruptcy |
|
Sep. 28, 2004 | |
|
02-17224
|
Henderson v. Terhune
Prison's hair length regulation serves important penological interests that outweigh prisoner's religious interest. |
Prisoners Rights |
|
Sep. 28, 2004 | |
|
02-35232
|
Currier v. Potter
Post office's policy regarding delivery of mail to homeless people did not violate First Amendment. |
Constitutional Law |
|
Sep. 28, 2004 | |
|
S027766
|
People v. Cole
Trial court may deny defendant's request to appoint private counsel who worked on the case when public defender does not support request. |
Criminal Law and Procedure |
|
Sep. 28, 2004 | |
|
D042529
|
Rincon Del Diablo Municipal Water District v. San Diego County Water Authority
Transportation-rate component of county water board's new water rate is reasonable and valid. |
Government |
|
Sep. 28, 2004 | |
|
02-72302
|
Kaur v. Ashcroft
Immigration judge will reconsider asylum petition of Indian citizen alleging torture. |
Immigration |
|
Sep. 28, 2004 |