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Name Category Published
Landrigan v. Trujillo
Order
Oct. 26, 2010
Teposte v. Holder
Conviction for shooting at inhabited vehicle requires only reckless intent under California law, and is not categorically ‘crime of violence’ subjecting defendant to removal.
Immigration Oct. 26, 2010
U.S. v. Gallaher
Federal Death Penalty Act does not impose statute of limitation for first-degree murder, regardless of death penalty availability.
Native American Affairs Oct. 26, 2010
Sarei v. Rio Tinto PLC
Order
Oct. 26, 2010
City of Richmond v. Service Employees International Union Local 1021
Public policy against workplace harassment does not preclude arbitral enforcement of limitation period in collective bargaining agreement that bars stale misconduct claims.
Labor Law Oct. 26, 2010
Edu v. Holder
Petitioner does not have to give up political activity to avoid torture and obtain deferral of removal.
Immigration Oct. 26, 2010
Williams v. Ryan
Court must hold evidentiary hearing for defendant’s claim of 'Brady' violation where evidence discovered after conviction contradicts prosecution’s theory at trial.
Criminal Law and Procedure Oct. 26, 2010
McNeal v. Adams
Hearing on prosecution's motion to compel DNA sample is not 'critical stage' at which absence of defense counsel requires per se reversal.
Criminal Law and Procedure Oct. 26, 2010
Gonzales v. State of Arizona
Arizona law requiring proof of citizenship in voter registration is preempted by National Voter Registration Act’s mandate in streamlining voter registration.
Constitutional Law Oct. 26, 2010
Pearson v. Muntz
District court properly determines that state court’s decision approving governor's decision to reject parole was unreasonable application of 'some evidence' test.
Criminal Law and Procedure Oct. 26, 2010
U.S. v. Vela
Lack of sentence does not necessarily preclude appellate jurisdiction when defendant is found not guilty by reason of insanity.
Criminal Law and Procedure Oct. 26, 2010
Landrigan v. Brewer
Order
Oct. 26, 2010
Kovacevic v. Avalon at Eagles’ Crossing Homeowners Association
Vexatious litigant subject to prefiling order precluding propria persona filings is not excused from dismissal of complaint by subsequent retention of counsel.
Civil Procedure Oct. 26, 2010
Du v. Franchise Tax Board
Taxpayers who filed amended tax returns under California’s ‘voluntary compliance initiative’ cannot later seek refund if option chosen expressly waives claim for refund.
Taxation Oct. 26, 2010
U.S. v. Berry
Court may address untimely evidence-based 28 U.S.C. Section 2255 motion as motion for new trial where government waives objection to timeliness.
Criminal Law and Procedure Oct. 25, 2010
Catholic League for Religious and Civil Rights v. City and County of San Francisco
Catholic residents have standing to file constitutional claim against city where city adopts resolution conveying hostile message toward their religious beliefs.
Constitutional Law Oct. 25, 2010
Marriage of Straczynski
Where party subject to conservatorship files dissolution petition, court must ask if conservatee can express intent to dissolve marriage based on irreconcilable differences.
Family Law Oct. 25, 2010
People v. Engram
Lack of available courtroom due to State’s neglect in timely bringing criminal defendant to trial does not constitute good cause to delay trial.
Criminal Law and Procedure Oct. 25, 2010
U.S. v. Redlightning
Defendant’s voluntary agreement to submit to police questioning is not ‘seizure’ under Fourth Amendment.
Criminal Law and Procedure Oct. 25, 2010
Sanford v. MemberWorks Inc.
RICO claim against company that allegedly deceived consumers into buying discount club memberships is deficient where plaintiffs did not state which party made calls.
Business Law Oct. 25, 2010
Battle Ground Plaza LLC v. Ray (In re Ray)
Bankruptcy court does not have jurisdiction over breach of contract claim against debtor after bankruptcy case is closed.
Bankruptcy Oct. 25, 2010
People v. Graves
Trial court errs in denying prosecution's request to trail criminal case within statutory speedy trial period.
Criminal Law and Procedure Oct. 25, 2010
Keyes v. Bowen
Secretary of State does not have duty to investigate and determine whether presidential candidate meets eligibility requirements of U.S. Constitution.
Government Oct. 25, 2010
Shelden v. Marin County Employees Retirement Association
Retirement benefit calculation properly excludes overtime pay that employee earned by volunteering to work on his day off.
Employment Law Oct. 24, 2010
Hyduke’s Valley Motors v. Lobel Financial Corp.
Prevailing party cannot seek attorney fees under Civil Code Section 1717 unless claim arose out of contract or party was intended beneficiary of contract.
Contracts Oct. 24, 2010
Villacres v. ABM Industries Inc.
Court-approved settlement agreement in class action dismissed without prejudice bars subsequent action by same litigant on same issue raised in previous suit.
Civil Procedure Oct. 24, 2010
La Asociacion de Trabajadores de Lake Forest v. City of Lake Forest
Nonprofit organization advocating on behalf of day laborers regarding alleged harassment lacks standing to pursue claims against local government officials.
Labor Law Oct. 24, 2010
Moore v. Kaufman
Attorney fee award against plaintiff's counsel based on anti-SLAPP motion is void, and counsel may defend herself on that ground in contempt proceeding.
Attorneys Oct. 24, 2010
People v. Sanders
Sentencing for subordinate term shall consist of one-third of middle term of imprisonment prescribed for each felony conviction where consecutive term is imposed.
Criminal Law and Procedure Oct. 24, 2010
MacKay v. Superior Court (21st Century Insurance Co.)
Insured must seek judicial review of decision by Dept. of Insurance to decline jurisdiction over challenge to approved rate, rather than pursuing civil action.
Insurance Oct. 24, 2010