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Name Category Published
Daniels v. U.S.
Petitioner's request for permission to file successive habeas petition is denied because claim fails 'Teague' inquiry.
Criminal Law and Procedure Sep. 10, 2001
Murtishaw v. Woodford
Death sentence reversed because court gave erroneous jury instruction that resulted in ex post facto violation.
Criminal Law and Procedure Sep. 10, 2001
U.S. v. Riggans
Failure to instruct jury on crime element didn't affect trial's fairness and court correctly decided that bank larceny was crime of violence.
Criminal Law and Procedure Sep. 10, 2001
Demshki v. Monteith
Federal lawsuit against California Senate Rules Committee should have been reversed when Committee asserted immunity based on Eleventh Amendment.
Constitutional Law Sep. 10, 2001
G & G Fire Sprinklers Inc. v. Lujan
Order
Sep. 10, 2001
Rene v. MGM Grand Hotel Inc.
Order
Sep. 10, 2001
U.S. v. Najjor
Court errs in failing to consider all evidence in calculating amount of restitution owed to bank.
Criminal Law and Procedure Sep. 10, 2001
U.S. v. Barrios-Gutierrez
At plea colloquy, court need only give notice of maximum possible penalty provided by law, and not defendant's actual maximum sentence.
Criminal Law and Procedure Sep. 10, 2001
Schachter v. IRS
Tax court does not err in denying additional business expenses when taxpayers fail to provided credible evidence of partnership expenses.
Taxation Sep. 10, 2001
Carey v. United Airlines
Warsaw Convention is plaintiff's exclusive remedy for emotional and mental distress claims arising out of airline's alleged intentional misconduct.
Torts Sep. 10, 2001
Sonoda v. Cabrera
Appointee was civil servant entitled to due process before termination and qualified immunity is not available if fired for exercising constitutional rights.
Civil Rights Sep. 10, 2001
U.S. v. Cernobyl
Sentence for drug possession may not be based on quantities not alleged in indictment and proved beyond reasonable doubt.
Criminal Law and Procedure Sep. 10, 2001
Lal v. INS
Immigrants who suffered past persecution in home country are granted asylum under humanitarian exception where they have well-founded fear of future persecution.
Immigration Sep. 10, 2001
U.S. v. Rodriguez-Cruz
Defendant convicted of smuggling aliens deserves greater sentence when alien froze to death during rare mountain snowstorm.
Criminal Law and Procedure Sep. 10, 2001
U.S. v. Tan
Defendant's seven prior drunk-driving convictions are properly offered to prove malice element of second-degree murder charge.
Criminal Law and Procedure Sep. 10, 2001
Yousef v. Reno
Opinion
Sep. 10, 2001
Barber v. TD Williamson Inc.
Successful lawsuit for racially hostile work environment may lead to award of nominal damages.
Employment Law Sep. 10, 2001
U.S. v. Sar-Avi
Although plea agreement did not prohibit defendant's request for return of forfeited bond, request was properly denied in light of defendant's 'chutzpah.'
Criminal Law and Procedure Sep. 10, 2001
United States v. Orr Water Ditch Co.
State Engineer appears to have demanded more than clear and convincing evidence, as required, in evaluating forfeiture and abandonment of water rights.
Real Property Sep. 10, 2001
U.S. v. Jordan
Defendant must be resentenced because disproportionate impact of enhancements requires proof by clear and convincing evidence.
Criminal Law and Procedure Sep. 10, 2001
Thiessen v. General Electric Capital Corp.
District court abuses discretion in decertifying class and dismissing individual claims of age discrimination.
Employment Law Sep. 10, 2001
Moore v. Marr
Individual convicted of first-degree assault is denied habeas relief based on ineffective assistance of counsel.
Criminal Law and Procedure Sep. 10, 2001
U.S. v. Murillo
Evidence of defendant's car rental history admissible to show knowledge that drugs were hidden in car.
Criminal Law and Procedure Sep. 10, 2001
Debbie Reynolds Hotel & Casino Inc. v. Calstar Corp. (In re Debbie Reynolds Hotel & Casino Inc.)
Bankruptcy Code limits standing to seek surcharge to trustee of estate and allows proceeds to be paid directly to party providing benefit.
Bankruptcy Sep. 10, 2001
Hoffman v. Capital Cities/ABC, Inc.
When public figure fails to show that magazine acted with actual malice in publishing altered photograph, magazine is protected by First Amendment.
Constitutional Law Sep. 10, 2001
Turnbull v. Topeka State Hospital
Psychologist makes cognizable claim of sexual harassment occurring at state mental health center.
Civil Procedure Sep. 10, 2001
U.S. v. Sullivan
Applying amended sentencing guidelines to defendant's offenses committed before amendment violates ex post facto clause.
Criminal Law and Procedure Sep. 10, 2001
Drapeau v. Halter
Order
Administrative Agencies Sep. 10, 2001
People v. Solis
Sep. 10, 2001
Professional Engineers in California Government v. State Personnel Board
Sep. 10, 2001