| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-10009
|
In re Stanford
Order |
|
Oct. 21, 2002 | ||
|
02-20
|
Stewart v. McCoy
Order |
|
Oct. 21, 2002 | ||
|
C040322
|
In re Morrall
|
|
Oct. 21, 2002 | ||
|
99-36166
|
McDonald v. Means
Amended opinion |
|
Oct. 18, 2002 | ||
|
S109677
|
People v. Wright
Order |
|
Oct. 17, 2002 | ||
|
S109492
|
Marriage of Lockhart
Order |
|
Oct. 17, 2002 | ||
|
S109635
|
Ringgold v. Balgley
Order |
|
Oct. 17, 2002 | ||
|
S095856
|
People v. Bowin
Order |
|
Oct. 17, 2002 | ||
|
01-896
|
Ford Motor Co. v. McCauley
Order |
|
Oct. 16, 2002 | ||
|
00-55691
|
Gentry v. Roe
Defense counsel's perfunctory closing argument constituted ineffective assistance of counsel. |
Criminal Law and Procedure |
|
Oct. 16, 2002 | |
|
01-70599
|
Fajardo v. INS
Limitation period of 180 days for filing motions to reopen absentia deportation proceedings based on 'exceptional circumstances' is tolled. |
Immigration |
|
Oct. 16, 2002 | |
|
00-70124
|
Smith v. Commissioner of Internal Revenue
Replacement costs for smelting machines and floors do not qualify for deductions as ordinary and necessary business expenses. |
Taxation |
|
Oct. 16, 2002 | |
|
99-36166
|
McDonald v. Means
Tribal court has jurisdiction to hear lawsuit alleging negligence of non-Indian caused injury on tribal road. |
Native American Affairs |
|
Oct. 16, 2002 | |
|
99-56947
|
Miller v. Marriott International Inc.
Notice of appeal filed after judgment is announced is not effective until court determines subsequent Rule 60(b) motion. |
Civil Procedure |
|
Oct. 16, 2002 | |
|
00-56558
|
Omohundro v. United States
District court had authority to consider taxpayer's timely request for credit for overpayment. |
Taxation |
|
Oct. 16, 2002 | |
|
00-30169
|
U.S. v. Culps
Sentence is vacated where estimated drug transaction size and time period are not supported by sufficient and reliable evidence. |
Criminal Law and Procedure |
|
Oct. 16, 2002 | |
|
01-56214
|
Watson v. County of Riverside
Plaintiff who obtains preliminary injunction even though underlying case becomes moot is prevailing party entitled to attorney fees. |
Civil Rights |
|
Oct. 16, 2002 | |
|
00-71558
|
Casas-Chavez v. INS
Specificity requirement is satisfied despite alien's failure to file brief as long as sufficient notice is conveyed to Board of Immigration Appeals. |
Immigration |
|
Oct. 16, 2002 | |
|
00-56251
|
Chaset v. Fleer/Skybox International LP
Purchasers of trading cards do not suffer an injury under Racketeer Influenced and Corrupt Organizations Act when they do not receive insert card. |
Torts |
|
Oct. 16, 2002 | |
|
01-16080
|
Abele v. Modern Financial Plans Services Inc. (In re Cohen)
Transfer of proceeds is voidable where finance company is initial transferee of cashier's check. |
Bankruptcy |
|
Oct. 16, 2002 | |
|
02-6026
|
Hamm v. Saffle
Petitioner who did not timely seek review of his removal from halfway house is barred from seeking federal habeas review. |
Criminal Law and Procedure |
|
Oct. 16, 2002 | |
|
01-8037
|
Robbins v. Wilkie
At pleading stage of civil RICO action, plaintiff is not required to plead with particularity to show standing. |
Civil Procedure |
|
Oct. 16, 2002 | |
|
01-4184
|
U.S. v. Neff
Use of handcuffs during investigative stop is appropriate and reasonable when officers receive reliable report that defendant is armed with dangerous weapon. |
Criminal Law and Procedure |
|
Oct. 16, 2002 | |
|
01-1295
|
Floyd v. Ortiz
District court erred in ruling it lacked jurisdiction to review petition of prisoner seeking to enforce agreement with prison. |
Civil Procedure |
|
Oct. 16, 2002 | |
|
01-15116
|
Wander v. Kaus
There is no federal-question jurisdiction over lawsuit for damages brought under California's Disabled Person's Act. |
Civil Procedure |
|
Oct. 15, 2002 | |
|
00-56844
|
Abada v. Charles Schwab & Co.
District court lacks appellate jurisdiction over class action suit which was removed to state court. |
Civil Procedure |
|
Oct. 15, 2002 | |
|
99-15374
|
Morgan v. National Railroad Passenger Corp.
Order |
|
Oct. 15, 2002 | ||
|
01-50597
|
U.S. v. Jimenez
District court erred by enhancing defendant's sentence pursuant to sentencing guidelines for use of minor to commit crime and for obstruction of justice. |
Criminal Law and Procedure |
|
Oct. 15, 2002 | |
|
99-56673
|
Kelly v. Small
Where petitioner files 'mixed' federal habeas petition of both exhausted and unexhausted state claims, petition is dismissed without prejudice. |
Criminal Law and Procedure |
|
Oct. 15, 2002 | |
|
01-30243
|
U.S. v. Belgarde
State Dept. of Family Services is not 'person' under Major Crimes Act and burglary indictment is properly dismissed. |
Criminal Law and Procedure |
|
Oct. 15, 2002 |
