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Name Category Published
U.S. v. Corona-Garcia
Violation for illegal re-entry after deportation may be established by defendant's presence in United States and evidence showing prior deportation.
Immigration Jun. 29, 2000
Colmenar v. INS
Asylum applicant must be afforded a full and fair hearing before deportation.
Immigration Jun. 29, 2000
U.S. v. Mattarolo
Traffic stop is permissible where facts are sufficient to cause experienced officer to reasonably conclude that criminal activity might be in progress.
Criminal Law and Procedure Jun. 29, 2000
Gardenhire v. IRS (In re Gardenhire)
Equitable tolling does not apply to 180-day period for government to file proof of claim against taxpayer in bankruptcy case.
Bankruptcy Jun. 29, 2000
Ballard v. Baldridge
Order
Jun. 29, 2000
U.S. v. Fuentes-Cariaga
Defendant may not introduce testimony of non-percipient INS agent that guilt wouldn't be inferred from nervousness at border checkpoint.
Criminal Law and Procedure Jun. 29, 2000
Manybeads v. United States
Indian tribe that receives compensation under accomodation agreement is necessary and indispensable party to Native American's action challenging the agreement.
Native American Affairs Jun. 29, 2000
Pope v. JJ Man-Data Inc.
New trial may not be granted if juror shows no dishonesty or bias in voir dire.
Civil Procedure Jun. 29, 2000
Anguiano v. WMB Alllstate Insurance Co.
Insurer has duty to notify insured of settlement discussions with third party when liability is potentially in excess of policy limits.
Insurance Jun. 29, 2000
U.S. v. Zuno-Arce
On federal habeas corpus, new circuit rule's deadline may be applied to cases pending on rule's effective date.
Criminal Law and Procedure Jun. 29, 2000
U.S. v. Daniel
Due Process is satisfied when oral findings are made on record in support of decision to revoke supervised release.
Criminal Law and Procedure Jun. 29, 2000
U.S. v. Chon
Military police may investigate civilians if there is independent military purpose for the investigation.
Criminal Law and Procedure Jun. 29, 2000
U.S. v. Jackson
Anonymous threat to juror during deliberations requires evidentiary hearing to determine if juror believed defendant was behind threat.
Criminal Law and Procedure Jun. 29, 2000
First Interstate Bank of Arizona v. Murphy Weir & Butler
Law firm has not duty to disclose to client that it hired law clerk of judge before whom it was appearing on pending matter.
Torts Jun. 29, 2000
Tighe v. Celebrity Home Entertainment Inc. (In Re Celebrity Home Entertainment Inc.)
Disbursements used to calculate quarterly trustee fees payable by Chapter 11 debtor includes postconfirmation payments to creditors.
Bankruptcy Jun. 29, 2000
Cool Fuel Inc. v. California Board of Equalization (In re Cool Fuel Inc.)
Tax claim is not barred where proof of claim is filed before final tax determination and limitations period begins to run.
Bankruptcy Jun. 29, 2000
Mitchell v. FTB (In re Mitchell)
Bankruptcy Code Section 106(a), which abrogates state sovereign immunity in proceedings to discharge tax liability, is unconstitutional.
Bankruptcy Jun. 29, 2000
Ortega v. Roe
Order
Jun. 29, 2000
La Crosse v. Kernan
Denial of state habeas petition for lack of diligence is not based on adequate and independent state ground that bars federal review.
Criminal Law and Procedure Jun. 29, 2000
Walter v. Mattel Inc.
Under Lanham Act, likelihood of reverse confusion does not occur when toy manufacturer packages doll with name similar to commercial artist's logo.
Intellectual Property Jun. 29, 2000
Nissan Fire & Marine Insurance Co. v. Fritz Companies Inc.
Under Warsaw Convention, evidence that carrier didn't receive written notice within seven days of receipt of goods does not defeat claim against shipper.
Business Law Jun. 29, 2000
Brewer v. City of Napa
Prior convictions based on nolo contendere pleas may be admitted into evidence for impeachment purposes.
Civil Rights Jun. 29, 2000
KDM, a Minor v. Reedsport School District
Order
Jun. 29, 2000
Harvey v. Waldron
Claim, that if successful would imply invalidity of conviction in pending criminal prosecution, doesn't accrue where potential for conviction continues to exist.
Constitutional Law Jun. 29, 2000
U.S. v. Romero-Avila
Name of government official to whom false claim of citizenship is made is immaterial and does not require inclusion in indictment.
Criminal Law and Procedure Jun. 29, 2000
Pacific Harbor Capital Inc. v. Carnival Airlines Inc.
Attorney may be sanctioned for misunderstanding effective date of restraining order, even without finding that attorney told client it could violate order.
Attorneys Jun. 29, 2000
Weiner v. San Diego County
County district attorney acts as state official when deciding whether to prosecute individual for criminal offense.
Criminal Law and Procedure Jun. 29, 2000
Ferrari of North America Inc. v. Sims (In re R.B.B. Inc.)
Sale of debtor's franchise cannot occur when order approving transaction is ambiguous as to specific entity that will take assignment and fund purchase.
Bankruptcy Jun. 29, 2000
Dows v. Wood
Defense attorney's illness with Alzheimer's disease during criminal trial does not make counsel ineffective per se to overturn guilty verdict.
Criminal Law and Procedure Jun. 29, 2000
Brady v. United States
Under Federal Torts Claim Act, plaintiff's first dismissed complaint, is not an automatic administrative claim in subsequent action based on same facts.
Torts Jun. 29, 2000