This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
Estate of McMorris
Events occurring after death are not to be considered in valuing deductions for claims against decedent's estate.
Taxation May 9, 2001
Nicholas v. Leavitt
Deadline of settlement agreement may be extended because state agency was in substantial non-compliance.
Civil Procedure May 9, 2001
U.S. v. Duncan
Government may refuse to file substantial assistance motion if not unconstitutionally motivated and related to legitimate government end.
Criminal Law and Procedure May 9, 2001
U.S. v. Edwards
Warrantless search of car held unlawful because defendant was not near car when arrested and was in custody at time of search.
Criminal Law and Procedure May 9, 2001
Kikumura v. Hurley
Prisoner's first amendment rights not denied where prison refuses to allow pastoral visits.
Constitutional Law May 9, 2001
Lissner v. U.S. Customs Service
U.S. Custom Service must provide citizen with information on officers involved in smuggling incident because balance of interests favors disclosure.
Government May 9, 2001
On the Green Apartments LLC v. City of Tacoma
City ordinance restricting ability of residents to haul their own garbage and requiring use of city landfill does not present constitutional issue.
Constitutional Law May 9, 2001
Agbuya v. INS
Alien who is threatened, kidnapped and physically abused by violent anti-government group establishes well-founded fear of future persecution.
Immigration May 9, 2001
Boston Mutual Insurance v. Murphree
Employee health plan, governed by ERISA, may not coordinate medical benefits with participant's uninsured motorist coverage.
Insurance May 9, 2001
Bragg v. Galaza
Writ of habeas corpus denied where ineffective assistance of counsel claim is factually inadequate to support review.
Criminal Law and Procedure May 9, 2001
Arapahoe County Public Airport Authority v. FAA
State agency's ban on scheduled passenger service is preempted by federal statute and Supremacy Clause.
Administrative Agencies May 9, 2001
City of San Diego v. Whitman
Court lacked subject matter jurisdiction where EPA letter to city doesn't constitute final agency action.
Administrative Agencies May 9, 2001
U.S. v. Dipentino
Court errs in constructively amending grand jury indictment by instructing jury on work practice standard that defendants were not charged with violating.
Criminal Law and Procedure May 9, 2001
Martirosyan v. INS
Order
May 9, 2001
U.S. v. Santillan
Man violates Lacey Act when he attempts to transport baby parrots across Mexican border knowing it is illegal.
Criminal Law and Procedure May 9, 2001
Lockhart v. Terhune
Sixth Amendment is violated and prejudice is presumed when defendant does not effectively waive attorney's conflict of interest.
Criminal Law and Procedure May 9, 2001
McKenzie v. Dovala
Summary judgment is improper where plaintiff provides sufficient evidence of prima facie case that defendant violated ADA.
Civil Rights May 9, 2001
Rodriguez v. IBP, Inc.
Plaintiff may be held in contempt and sanctions may be imposed for failure to comply with continuing duty to disclose.
Civil Procedure May 9, 2001
U.S. v. Herrea-Rojas
At sentencing hearing court must rule on defendant's objections to presentence report and state whether they are relevant to sentence imposed.
Criminal Law and Procedure May 9, 2001
Redlands Surgical Services v. IRS
Order
May 9, 2001
Morrissey v. Commissioner of Internal Revenue
Sale of stock between willing participants should have been considered in valuing estate's assets for tax liability.
Taxation May 9, 2001
United National Insurance Co. v. R & D Latex Corp.
Insurance company's reimbursement claim is sufficiently independent under California law to trigger mandatory federal jurisdiction.
Civil Procedure May 9, 2001
Deorle v Rutherford
No qualified immunity for police officer who used excessive force in subduing man displaying erratic behavior.
Administrative Agencies May 9, 2001
Foss v. Thompson
Terminated Indian Health Service employee fails to make prima facie case of sex, race or age discrimination.
Employment Law May 9, 2001
Kleve v. Hill
Conviction for conspiracy to commit second degree murder stands despite later case that holds offense does not exist.
Criminal Law and Procedure May 9, 2001
California Democratic Party v. Jones
Order
May 9, 2001
Tonapetyan v. Halter
Administrative law judge's failure to fully develop record with respect to possible mental impairment constitutes reversible error.
Administrative Agencies May 9, 2001
Basiente v. Glickman
Aliens living in Mariana Islands are not entitled to continued food assistance despite government official's initial intent to extend program.
Government May 9, 2001
US v. Fortier
Court was not vindictive in imposing sentence one offense level lower than original sentence.
Judges May 9, 2001
Marathon Ashland Pipe Line v. Maryland Casualty Company
Insurance company had duty to defend and indemnify additional insured where employee's injury was result of ongoing operations of insured company.
Insurance May 9, 2001