Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
05-15042
|
Beardslee v. Woodford
Death row inmate's last-minute challenge to lethal injection protocol is rejected. |
Criminal Law and Procedure |
|
Jul. 25, 2005 | |
03-71392
|
Carty v. Ashcroft
Willful failure to file tax return is crime of moral turpitude subjecting alien to removal. |
Immigration |
|
Jul. 25, 2005 | |
03-30513
|
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 | |
03-56326
|
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 | |
02-73551
|
Moran v. Ashcroft
Alien who helped smuggle son and future wife into United States is ineligible for cancellation of removal. |
Immigration |
|
Jul. 25, 2005 | |
03-70298
|
Movsisian v. Ashcroft
Board of Immigration Appeals must provide reasoned explanation for denying petition to reopen asylum proceedings. |
Immigration |
|
Jul. 25, 2005 | |
03-35937
|
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 | |
03-35640
|
The Lands Council v. Powell
Federal watershed restoration project in Idaho Panhandle National Forest violates environmental protection laws. |
Environmental Law |
|
Jul. 25, 2005 | |
04-56072
|
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 | |
03-30334
|
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 | |
B167028
|
Parker v. McCaw
Contractual right to three arbitrators is substantial and may not be altered by court. |
Civil Procedure |
|
Jul. 25, 2005 | |
03-16100
|
Rivera v. Philip Morris
Strict liability failure to warn claim against tobacco company survives summary judgment. |
Torts |
|
Jul. 25, 2005 | |
02-74367
|
San Pedro v. Ashcroft
Immigration board must clarify which of two holdings it used to uphold immigrant's removal. |
Immigration |
|
Jul. 25, 2005 | |
02-74187
|
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 | |
02-30326
|
United States v. Ameline
Order |
|
Jul. 25, 2005 | ||
04-30172
|
U.S. v. Garcia
Newly-discovered evidence was 'fair and just reason' for withdrawal of guilty plea. |
Criminal Law and Procedure |
|
Jul. 25, 2005 | |
03-55683
|
Manshardt v. Federal Judicial Qualifications Committee
No private right of action exists under Federal Advisory Committee Act. |
Civil Procedure |
|
Jul. 25, 2005 | |
03-15955
|
Nagrampa v. MailCoups Inc.
Plaintiff's failure to read arbitration clause in contract did not excuse compliance with its terms. |
Contracts |
|
Jul. 25, 2005 | |
04-35169
|
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 | |
H025030
|
Gonzales v. City of San Jose
Property owners may be liable for injuries occurring on adjacent city-owned sidewalks. |
Torts |
|
Jul. 24, 2005 | |
03-16183
|
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 | |
04-702
|
Opinion of Lockyer
County board of supervisors may transfer duties of county officers to auditor-controller. |
Government |
|
Jul. 20, 2005 | |
04-15562
|
Juan H. v. Allen
Order |
|
Jul. 20, 2005 | ||
04-809
|
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 | |
04-1327
|
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 | |
04-1143
|
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 | |
03-35697
|
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 | |
03-35375
|
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 | |
03-10439
|
U.S. v. Ogles
Firearms license issued to dealer is location-specific except for temporary sales locations. |
Criminal Law and Procedure |
|
Jul. 13, 2005 | |
03-56516
|
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 |