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Beardslee v. Woodford
Death row inmate's last-minute challenge to lethal injection protocol is rejected.
Criminal Law and Procedure Jul. 25, 2005
Carty v. Ashcroft
Willful failure to file tax return is crime of moral turpitude subjecting alien to removal.
Immigration Jul. 25, 2005
U.S. v. Omer
Indictment's failure to recite essential element of bank fraud is fatal flaw requiring dismissal.
Criminal Law and Procedure Jul. 25, 2005
Cooks v. Newland
Defendant's wish to represent himself in one of two robbery trials does not prevent consolidation of trials.
Criminal Law and Procedure Jul. 25, 2005
Moran v. Ashcroft
Alien who helped smuggle son and future wife into United States is ineligible for cancellation of removal.
Immigration Jul. 25, 2005
Movsisian v. Ashcroft
Board of Immigration Appeals must provide reasoned explanation for denying petition to reopen asylum proceedings.
Immigration Jul. 25, 2005
Rose v. Palmateer
Petitioner cannot raise new Fifth Amendment ineffective assistance of counsel claim that was previously reviewed in state court.
Criminal Law and Procedure Jul. 25, 2005
The Lands Council v. Powell
Federal watershed restoration project in Idaho Panhandle National Forest violates environmental protection laws.
Environmental Law Jul. 25, 2005
Gammoh v. City of La Habra
City ordinance requiring adult cabaret dancers to remain at least two feet from patrons is constitutional.
Constitutional Law Jul. 25, 2005
U.S. v. Antelope
Sex offender undergoing treatment cannot be compelled to detail sexual history that could be used for future prosecutions.
Criminal Law and Procedure Jul. 25, 2005
Parker v. McCaw
Contractual right to three arbitrators is substantial and may not be altered by court.
Civil Procedure Jul. 25, 2005
Rivera v. Philip Morris
Strict liability failure to warn claim against tobacco company survives summary judgment.
Torts Jul. 25, 2005
San Pedro v. Ashcroft
Immigration board must clarify which of two holdings it used to uphold immigrant's removal.
Immigration Jul. 25, 2005
Salgado-Diaz v. Ashcroft
Immigration judge must grant evidentiary hearing to alien to prove that border patrol agents unlawfully arrested and expelled him.
Immigration Jul. 25, 2005
United States v. Ameline
Order
Jul. 25, 2005
U.S. v. Garcia
Newly-discovered evidence was 'fair and just reason' for withdrawal of guilty plea.
Criminal Law and Procedure Jul. 25, 2005
Manshardt v. Federal Judicial Qualifications Committee
No private right of action exists under Federal Advisory Committee Act.
Civil Procedure Jul. 25, 2005
Nagrampa v. MailCoups Inc.
Plaintiff's failure to read arbitration clause in contract did not excuse compliance with its terms.
Contracts Jul. 25, 2005
Fields v. Waddington
State court's review of claim using federal principles does not transform claim into federal constitutional claim.
Criminal Law and Procedure Jul. 25, 2005
Gonzales v. City of San Jose
Property owners may be liable for injuries occurring on adjacent city-owned sidewalks.
Torts Jul. 24, 2005
Gatti v. Reliance Standard Life Insurance Co.
Insurer's violation of ERISA time limits does not justify more stringent review of its decision to deny coverage.
Insurance Jul. 22, 2005
Opinion of Lockyer
County board of supervisors may transfer duties of county officers to auditor-controller.
Government Jul. 20, 2005
Juan H. v. Allen
Order
Jul. 20, 2005
Opinion of Lockyer
County did not obtain fee title ownership to land to be used as county highway where language of deed was ambiguous.
Real Property Jul. 20, 2005
Sunahara v. Burchard (In re Sunahara)
Chapter 13 debtor may pay off 36-month plan early even if unsecured creditors will not be paid in full.
Bankruptcy Jul. 15, 2005
Lone Star Security & Video Inc. v. Gurrola (In re Gurrola)
Debtor may rely on his bankruptcy discharge to defeat postpetition judgment rendered on prepetition debt.
Bankruptcy Jul. 15, 2005
Minidoka Irrigation District v. Department of Interior
Irrigation district's contractual claim against federal government is barred by statute of limitations.
Administrative Agencies Jul. 13, 2005
American Circuit Breaker Corp. v. Oregon Breakers Inc.
District court properly dismissed trademark infringment and unfair competition claims because 'likelihood of confusion' did not exist.
Intellectual Property Jul. 13, 2005
U.S. v. Ogles
Firearms license issued to dealer is location-specific except for temporary sales locations.
Criminal Law and Procedure Jul. 13, 2005
Mustang Marketing Inc. v. Chevron Products Co.
Under Petroleum Marketing Practices Act, oil company was required to offer to assign its option to extend lease to service station operator.
Business Law Jul. 13, 2005