Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
03-56518
|
Gibson v. Ortiz
Habeas corpus petition was properly granted due to constitutionally infirm jury instructions. |
Criminal Law and Procedure |
|
Oct. 6, 2004 | |
02-56538
|
Carter v. Giurbino
Petitioner's sufficiency of evidence claims were procedurally defaulted. |
Criminal Law and Procedure |
|
Oct. 6, 2004 | |
A101223
|
People v. Pantoja
Woman's translated statements in application for restraining order, custody, and child support made before her boyfriend killed her, are not trustworthy. |
Criminal Law and Procedure |
|
Oct. 6, 2004 | |
01-56946
|
Caliendo v. Warden of California Men's Colony
Conversation between trial witness and jurors in courtroom hallway did not violate defendant's right to fair trial. |
Criminal Law and Procedure |
|
Oct. 5, 2004 | |
B169516
|
Johnson v. Capitol One Bank
Under Virginia law, credit card holders suing issuers for conduct violating federal Truth-in-Lending Act are limited to remedies provided by Act. |
Civil Procedure |
|
Oct. 5, 2004 | |
S117640
|
Kirkeby v. Superior Court (Fascenelli)
Claim for fraudulent conveyance of real property supports recording of lis pendens. |
Real Property |
|
Oct. 5, 2004 | |
S125478
|
Roman on Habeas Corpus
Order |
|
Oct. 5, 2004 | ||
S124395
|
Sacramento Police Officers Association v. CIty of Sacramento
Order |
|
Oct. 5, 2004 | ||
S124394
|
Felts on H.C.
Order |
|
Oct. 5, 2004 | ||
S124914
|
Jasmine Networks v. Marvell Semiconductor
Court erred in refusing to consider contents of voicemail when crime-fraud exception to attorney-client privilege applied. |
Intellectual Property |
|
Oct. 5, 2004 | |
S125138
|
People v. Meeks
Opinion |
|
Oct. 5, 2004 | ||
S125572
|
People v. Murphy
Order |
|
Oct. 5, 2004 | ||
S125073
|
McNeelly v. Superior Court (People)
Opinion |
|
Oct. 5, 2004 | ||
S126356
|
Shamblin v. Superior Court (People)
Order |
|
Oct. 5, 2004 | ||
E033084
|
People v. Lewis
Battery is not a lesser-included offense of torture. |
Criminal Law and Procedure |
|
Oct. 5, 2004 | |
03-10660
|
U.S. v. Nunez-Rodelo
Alien who was deported before implementation of statute may still be sentenced under its 'removal' language. |
Immigration |
|
Oct. 5, 2004 | |
01-56003
|
Altmann v. Republic of Austria
Order |
|
Oct. 5, 2004 | ||
D041472
|
Sneed v. Saenz
State social service agency properly calculated families' benefits under maximum family grant statute. |
Administrative Agencies |
|
Oct. 5, 2004 | |
03-35217
|
Stevens v. Brink's Home Security Inc.
District court's order amending complaint to add non-diverse defendants and remanding case to state court is not appealable. |
Civil Procedure |
|
Oct. 5, 2004 | |
03-55974
|
Brewer v. Hall
Petitioner was not entitled to habeas relief because jury instruction did not violate clearly-established federal law. |
Criminal Law and Procedure |
|
Oct. 5, 2004 | |
02-50306
|
U.S. v. Flores-Montano
Order |
|
Oct. 5, 2004 | ||
02-70986
|
Public Citizens v. Dept. of Transportation
Order |
|
Oct. 5, 2004 | ||
02-35847
|
Keystone Land & Development Co. v. Xerox Corp.
Plaintiff presented insufficient evidence of formation of contract under Washington law. |
Contracts |
|
Oct. 5, 2004 | |
03-70342
|
Faruk v. Ashcroft
Asylum-seekers proved they suffered past persecution in Fiji on account of their mixed-race, mixed-religion marriage. |
Immigration |
|
Oct. 5, 2004 | |
02-72689
|
Li v. Ashcroft
Plaintiff's request for withholding of removal is denied for failure to demonstrate credible fear of persecution. |
Immigration |
|
Oct. 5, 2004 | |
04-99003
|
Dennis v. Budge
Because prisoner did not lack requisite mental capacity, attorney is not entitled to 'next friend' status in his capital murder case. |
Criminal Law and Procedure |
|
Oct. 5, 2004 | |
02-57148
|
Nissan Motor Co. v. Nissan Computer Corp.
Any commercial use of a famous mark is diluting regardless of whether it is confusing or combined with other identifiers. |
Intellectual Property |
|
Oct. 5, 2004 | |
03-35306
|
Smith v. Salish Kootenai College
Tribal court cannot exercise jurisdiction over negligence and spoliation of evidence claims of non-member. |
Native American Affairs |
|
Oct. 5, 2004 | |
03-35279
|
Gifford Pinchot Task Force v. United States Fish & Wildlife Service
Biological opinions that rely on Fish & Wildlife Service's incorrect definition of adverse modification are fatally flawed. |
Environmental Law |
|
Oct. 5, 2004 | |
01-15462
|
American Civil Liberties Union of Nevada v. Heller
Nevada law requiring certain groups publishing political materials to reveal on publication names and addresses of financial sponsors is invalid. |
Constitutional Law |
|
Oct. 5, 2004 |