| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
00-6298
|
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 | |
|
98-99018
|
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 | |
|
00-3188
|
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 | |
|
00-15599
|
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 | |
|
95-56639
|
G & G Fire Sprinklers Inc. v. Lujan
Order |
|
Sep. 10, 2001 | ||
|
98-16924
|
Rene v. MGM Grand Hotel Inc.
Order |
|
Sep. 10, 2001 | ||
|
98-50748
|
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 | |
|
99-10148
|
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 | |
|
99-71436
|
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 | |
|
00-35069
|
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 | |
|
00-15426
|
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 | |
|
00-7033
|
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 | |
|
98-71087
|
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 | |
|
00-50351
|
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 | |
|
00-2300
|
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 | |
|
99-1504
|
Yousef v. Reno
Opinion |
|
Sep. 10, 2001 | ||
|
00-5015
|
Barber v. TD Williamson Inc.
Successful lawsuit for racially hostile work environment may lead to award of nominal damages. |
Employment Law |
|
Sep. 10, 2001 | |
|
00-10077
|
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 | |
|
99-16812
|
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 | |
|
97-10255
|
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 | |
|
98-3208
|
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 | |
|
00-1015
|
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 | |
|
00-10042
|
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 | |
|
99-17240
|
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 | |
|
99-55563
|
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 | |
|
00-3086
|
Turnbull v. Topeka State Hospital
Psychologist makes cognizable claim of sexual harassment occurring at state mental health center. |
Civil Procedure |
|
Sep. 10, 2001 | |
|
00-8012
|
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 | |
|
00-4074
|
Drapeau v. Halter
Order |
Administrative Agencies |
|
Sep. 10, 2001 | |
|
B142250
|
People v. Solis
|
|
Sep. 10, 2001 | ||
|
C028402
|
Professional Engineers in California Government v. State Personnel Board
|
|
Sep. 10, 2001 |