Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D044192
|
People v. Morris
Prosecutor is not required to file recommitment petition for prisoner who received outpatient treatment as mentally disordered offender. |
Criminal Law and Procedure |
|
Aug. 22, 2005 | |
04-698
|
Schaeffer v. Weast
Order |
|
Aug. 22, 2005 | ||
B171217
|
Millennium Corporate Solutions v. Peckinpaugh
Trial court's grant of limited relief in TRO does not change scope of injunctive relief sought in preliminary injunction application. |
Civil Procedure |
|
Aug. 22, 2005 | |
99-99030
|
Hayes v. Woodford
Counsel's decision not to present background mitigating evidence is reasonable where defendant objected to involving his family and is aware of potential consequences. |
Criminal Law and Procedure |
|
Aug. 22, 2005 | |
03-15715
|
Castillo v. McFadden
Plaintiff failed to exhaust state remedies before seeking federal habeas relief. |
Criminal Law and Procedure |
|
Aug. 22, 2005 | |
03-35613
|
Gratzer v. Mahoney
Montana jury instruction regarding mitigated deliberate homicide did not violate due process. |
Criminal Law and Procedure |
|
Aug. 22, 2005 | |
02-72651
|
Karouni v. Gonzales
Lebanese immigrant established well-founded fear of future persecution for his homosexuality. |
Immigration |
|
Aug. 22, 2005 | |
02-55185
|
Riggs v. Fairman
Petitioner who proves ineffective assistance of counsel is not entitled to have pre-error plea offer resurrected. |
Criminal Law and Procedure |
|
Aug. 22, 2005 | |
03-70586
|
Nahrvani v. Gonzales
Iranian citizen who resettled in Germany is not eligible for asylum. |
Immigration |
|
Aug. 22, 2005 | |
03-71141
|
Qu v. Gonzales
Husband whose wife was involuntarily sterilized in China is entitled to withholding of removal. |
Immigration |
|
Aug. 22, 2005 | |
03-35376
|
Principal Life Insurance Co. v. Robinson
Traditional ripeness standard applies to private party contract disputes. |
Constitutional Law |
|
Aug. 21, 2005 | |
03-72084
|
Hernandez-Guadarrama v. Ashcroft
The affidavit of one self-interested witness is not enough to establish removability of immigrant. |
Immigration |
|
Aug. 21, 2005 | |
03-16665
|
Watts v. McKinney
Reasonable officer should know that kicking a helpless prisoner in the genitals is cruel and unusual. |
Criminal Law and Procedure |
|
Aug. 21, 2005 | |
03-50433
|
U.S. v. Tirouda
Court did not violate due process by advising jury to view accomplice's testimony that was favorable to defense with caution. |
Criminal Law and Procedure |
|
Aug. 21, 2005 | |
02-56445
|
Smith v. City of Hemet
Plaintiff's action for excessive force is not barred by his earlier conviction for resisting officer in discharge of duty. |
Civil Rights |
|
Aug. 21, 2005 | |
04-30009
|
U.S. v. Asberry
Consensual intercourse with underage partner is 'crime of violence' under federal sentencing guidelines. |
Criminal Law and Procedure |
|
Aug. 21, 2005 | |
03-35178
|
U.S. v. Wells
Fee arrangement which created theoretical division of loyalties did not adversely affect attorney's representation of defendant. |
Attorneys |
|
Aug. 21, 2005 | |
04-50256
|
U.S. v. Schemenauer
Jurisdiction does not exist over interlocutory appeal from denial of defendant's motion to dismiss after jury deadlocked. |
Criminal Law and Procedure |
|
Aug. 21, 2005 | |
03-70923
|
Perez-Martin v. Ashcroft
Court of Appeals, but not Immigration Judge or Board of Immigration Appeals, has jurisdiction to review denial of Special Agricultural Worker claims. |
Immigration |
|
Aug. 21, 2005 | |
03-15728
|
PMI Mortgage Insurance Co. v. American International Specialty Lines Insurance Co.
Company's violations of real estate statute were 'wrongful acts' covered by malpractice insurance policy. |
Insurance |
|
Aug. 21, 2005 | |
02-35547
|
M.L. v. Federal Way School District
Minor with disabilities and parents failed to demonstrate minor was denied free appropriate public education under Individuals with Disabilities Education Act. |
Education |
|
Aug. 21, 2005 | |
B171724
|
Provencio v. WMA Securities
Non-member cannot compel arbitration before National Association of Securities Dealers. |
Contracts |
|
Aug. 21, 2005 | |
C043341
|
People v. Martinez
Assault with deadly weapon is not lesser included offense of torture. |
Criminal Law and Procedure |
|
Aug. 21, 2005 | |
02-10545
|
U.S. v. Trevino
Defendant's conviction for tax evasion is upheld despite erroneous jury instruction. |
Criminal Law and Procedure |
|
Aug. 21, 2005 | |
03-71731
|
Ali v. Ashcroft
Alien who was not firmly resettled in third country prior to entrance into United States is entitled to asylum. |
Immigration |
|
Aug. 21, 2005 | |
S111029
|
In re Dannenberg
Parole board can deny release date for defendant without comparing his offense to others of similar gravity. |
Criminal Law and Procedure |
|
Aug. 21, 2005 | |
B172238
|
Starving Students Inc. v. Dept. of Industrial Relations
Labor agency lacks discretion to withdraw penalty for failure to obtain worker's compensation insurance. |
Workers' Compensation |
|
Aug. 21, 2005 | |
B172918
|
Fiege v. Cooke
Settlement is enforceable where insurers fully cover settlement under policy that gives them right to settle without insureds' consent. |
Insurance |
|
Aug. 21, 2005 | |
D042631
|
MHC Financing Limited Partnership Two v. City of Santee
City council may cure administrative error in adoption of ordinance and apply it retroactively. |
Government |
|
Aug. 21, 2005 | |
C044810
|
Brekke v. Wills
Plaintiff's restraining order against daughter's boyfriend is upheld. |
Civil Procedure |
|
Aug. 21, 2005 |