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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
Schaeffer v. Weast
Order
Aug. 22, 2005
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
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
Castillo v. McFadden
Plaintiff failed to exhaust state remedies before seeking federal habeas relief.
Criminal Law and Procedure Aug. 22, 2005
Gratzer v. Mahoney
Montana jury instruction regarding mitigated deliberate homicide did not violate due process.
Criminal Law and Procedure Aug. 22, 2005
Karouni v. Gonzales
Lebanese immigrant established well-founded fear of future persecution for his homosexuality.
Immigration Aug. 22, 2005
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
Nahrvani v. Gonzales
Iranian citizen who resettled in Germany is not eligible for asylum.
Immigration Aug. 22, 2005
Qu v. Gonzales
Husband whose wife was involuntarily sterilized in China is entitled to withholding of removal.
Immigration Aug. 22, 2005
Principal Life Insurance Co. v. Robinson
Traditional ripeness standard applies to private party contract disputes.
Constitutional Law Aug. 21, 2005
Hernandez-Guadarrama v. Ashcroft
The affidavit of one self-interested witness is not enough to establish removability of immigrant.
Immigration Aug. 21, 2005
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
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
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
U.S. v. Asberry
Consensual intercourse with underage partner is 'crime of violence' under federal sentencing guidelines.
Criminal Law and Procedure Aug. 21, 2005
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
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
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
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
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
Provencio v. WMA Securities
Non-member cannot compel arbitration before National Association of Securities Dealers.
Contracts Aug. 21, 2005
People v. Martinez
Assault with deadly weapon is not lesser included offense of torture.
Criminal Law and Procedure Aug. 21, 2005
U.S. v. Trevino
Defendant's conviction for tax evasion is upheld despite erroneous jury instruction.
Criminal Law and Procedure Aug. 21, 2005
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
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
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
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
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
Brekke v. Wills
Plaintiff's restraining order against daughter's boyfriend is upheld.
Civil Procedure Aug. 21, 2005