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Name Category Published
US v. Hailey
Order
Sep. 17, 2001
Shannon v. Graves
Single exposure to sewage by prison inmate does not establish constitutional violation.
Prisoners Rights Sep. 17, 2001
Venetian Casino Resort v. Local Joint Executive Board of Las Vegas
Privately constructed sidewalk accommodating pedestrian traffic is protected by First Amendment as public forum.
Real Property Sep. 17, 2001
Western Surety Co. v. Bank of Southern Oregon
Summary judgment is proper where party failed to provide evidence of representation or falsity to support fraud claim.
Civil Procedure Sep. 17, 2001
Demontiney v. United States
Neither United States nor Indian tribe waives its sovereign immunity in contract dispute with engineer over construction project on tribal land.
Civil Procedure Sep. 17, 2001
U.S. v. James
Denial of discovery on issue of selective prosecution of black crack cocaine dealers was proper because evidence did not show discriminatory effect.
Criminal Law and Procedure Sep. 17, 2001
Anchustegui v. Department of Agriculture
Due to failure to follow statutorily-mandated procedures, Forest Service's cancellation of grazing permit is not valid.
Administrative Agencies Sep. 17, 2001
Castro-Espinosa v. Ashcroft
Order
Sep. 17, 2001
Abovian v. INS
Order
Sep. 17, 2001
Palmer v. Pioneer Inn Assoc.
Order
Sep. 17, 2001
U.S. v. King
Amended opinion
Sep. 17, 2001
Milstein v. Cooley
When certain acts of prosecutors are not done in role as advocates, they are not shielded by absolute immunity.
Civil Rights Sep. 17, 2001
Eott Energy Operating Limited Partnership v. Winterthur Swiss Insurance Co.
Subject matter jurisdiction in state court is proper after finding that Ireland based insurance company is not 'foreign state'.
Civil Procedure Sep. 17, 2001
LaVine v. Blaine School District
School did not violate student's constitutional rights by 'emergency expelling' him after he wrote poem about murder and suicide.
Constitutional Law Sep. 17, 2001
U.S. v. Abonce-Barrera
Translated version of undercover tape recordings are admissible because defendant had opportunity to review tapes.
Criminal Law and Procedure Sep. 17, 2001
U.S. v. Ruiz
'Fair and just' standard applies to any motion for plea withdrawal that is made prior to defendant's sentencing.
Criminal Law and Procedure Sep. 17, 2001
Brower v. Evans
Secretary of Commerce improperly relaxed standard for dolphin-safe labeling of tuna without consulting environmental studies.
Environmental Law Sep. 17, 2001
Aukland v. Massnari
Administrative law judge must consider testimony from vocational expert in determining whether disability applicant can engage in substantial gainful activity.
Administrative Agencies Sep. 17, 2001
U.S. v. Carrasco
Violation of speedy trial act did not occur when charge included in original indictment was reasserted in superseding indictment.
Criminal Law and Procedure Sep. 17, 2001
United States v. Trapp
Government did not breach plea agreement when it refused to recommend home detention after defendant was found ineligible.
Criminal Law and Procedure Sep. 17, 2001
Chebchoub v. INS
Deportable alien is denied asylum because he was not credible and provided no corroborating evidence.
Administrative Agencies Sep. 17, 2001
In re Roe
Court erred by releasing defendant convicted of first-degree murder on bail pending resolution of his habeas corpus petition.
Criminal Law and Procedure Sep. 17, 2001
Environmental Protection Information Center Inc. v. Pacific Lumber Co.
Winning party deemed aggrieved by favorable judgment and, therefore, has standing on appeal when court rendered opinion knowing cause was moot.
Civil Procedure Sep. 17, 2001
Woldemeskel v. INS
Asylum denied to Ethiopian citizen because she failed to demonstrate past persecution or well-founded fear of future persecution.
Immigration Sep. 17, 2001
Scheehle v. Justices of the Supreme Court of the State of Arizona
State has authority to enforce reasonable requirements upon attorneys as condition of state bar membership.
Attorneys Sep. 17, 2001
Estate of Amos v. City of Page
Police did not violate injured man's civil rights by failing to search for him after he wandered into desert.
Civil Rights Sep. 17, 2001
Ma v. Ashcroft
Alien detained for more than six months must be released because there is no reasonable likelihood that home country will accept him.
Immigration Sep. 17, 2001
U.S. v. Hill
Indictment charging defendant with being accessory after the fact is insufficient as matter of law because it fails to plead underlying offense.
Criminal Law and Procedure Sep. 17, 2001
U.S. v. King
Amended opinion
Sep. 17, 2001
Special Fund Division v. Tabor
State agency isn't precluded from arguing that industrial injury impairments to same leg constitute a scheduled disability that doesn't qualify for reimbursement.
Administrative Agencies Sep. 17, 2001