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Smith v. City of Hemet
Order
Aug. 23, 2004
Anderson v. Morrow
Exclusion of rape victim's sexual history and reputation was permissible under state's 'rape shield' law.
Criminal Law and Procedure Aug. 23, 2004
Buono v. Norton
Presence of Latin cross war memorial in federally-owned land in Mojave National Preserve violates Establishment Clause.
Constitutional Law Aug. 23, 2004
U.S. v. Dhingra
Federal law criminalizing use of Internet to solicit sex with minors does not violate First Amendment.
Criminal Law and Procedure Aug. 23, 2004
U.S. v. Ford
Collateral estoppel bars government from relitigating case against defendant for managing property for cocaine distribution.
Civil Procedure Aug. 23, 2004
Olvera v. Giurbino
Court abused discretion in not granting defendant's motion to stay proceedings pending exhaustion of claims.
Civil Procedure Aug. 23, 2004
Gillett-Netting v. Barnhart
Children conceived through dead father's sperm are entitled to Social Security benefits based on his earnings.
Administrative Agencies Aug. 23, 2004
U.S. v. Nielsen
Admission of statement by unavailable occupant that she had no access to drugs where other evidence suggests defendant's ownership is harmless error.
Criminal Law and Procedure Aug. 23, 2004
Granite Rock Co. v. United States
Order
Aug. 23, 2004
U.S. v. Awad
Government may not impose current sentence when it plans to assess defendant's pre-sentence cooperation at later time.
Criminal Law and Procedure Aug. 23, 2004
Tokatly v. Ashcroft
Court may not look beyond record of conviction to determine whether alien's crime was one of 'domestic violence.'
Immigration Aug. 23, 2004
Martinez v. Garcia
Structural error occurs when jury instructions combine two theories of guilt, but cannot discern upon which theory conviction rests.
Criminal Law and Procedure Aug. 23, 2004
Ventura Mobilehome Communities Owners Assn. v. City of San Buenaventura
Failure to exhaust state remedies for compensation renders regulatory takings claim unripe.
Constitutional Law Aug. 23, 2004
U.S. v. Anderson
Government did not produce sufficient evidence to warrant conviction of defendant on bank fraud charge.
Criminal Law and Procedure Aug. 23, 2004
Erringer v. Thompson
Federal interpretive rules that had effect of limiting Medicare benefits were not subject to formal rulemaking procedures.
Government Aug. 23, 2004
Agua Caliente Band of Cahuilla Indians v. Superior Court (Fair Political Practices)
Order
Aug. 23, 2004
U.S. v. Rutherford
Court must reconsider validity of jury's verdict after IRS agents allegedly glared at jurors during trial.
Criminal Law and Procedure Aug. 23, 2004
Enlow v. Salem-Keizer Yellow Cab Co. Inc.
Cab company presents sufficient evidence that discharge of elderly employee was without discriminatory intent.
Employment Law Aug. 23, 2004
Public Utility District No.1 of Snohomish County, Washington v. Federal Emergency Management Agency
Federal Emergency Management Agency may recover portion of disaster relief grant after post-award audit.
Administrative Agencies Aug. 23, 2004
Endo Steel Inc. v. Janas (In re JWJ Contracting Co. Inc.)
Because transaction between debtor and creditor was not contemporaneous, trustee was eligible to file preference action.
Bankruptcy Aug. 23, 2004
Frontier Bank v. Brown (In re Northern Merchandise Inc.)
Creditor provided reasonably equivalent value for bankruptcy debtor's security interest.
Bankruptcy Aug. 23, 2004
Leavitt v. Arave
Defendant sentenced to death is entitled to resentencing based on claim of ineffective assistance of counsel.
Criminal Law and Procedure Aug. 23, 2004
Garcia-Martinez v. Ashcroft
Immigration judge's denial of asylum for lack of persecution was not supported by substantial evidence.
Immigration Aug. 23, 2004
Paulino v. Castro
Pattern of strikes against black jurors raises plausible inference of discrimination and requires prosecutor to show race-neutral reasons.
Criminal Law and Procedure Aug. 23, 2004
U.S. v. Cunag
Defendant had no legitimate expectation of privacy in hotel room that he obtained through credit card fraud.
Criminal Law and Procedure Aug. 23, 2004
U.S. v. Jimenez-Recio
Erroneous instruction prevents jury from considering evidence of defendants' post-seizure involvement in conspiracy.
Criminal Law and Procedure Aug. 23, 2004
Port of Stockton v. Western Bulk Carrier KS
Prevailing party that failed to seek attorney fees in action cannot seek them through subsequent action.
Civil Procedure Aug. 23, 2004
Silva-Calderon v. Ashcroft
Order
Aug. 23, 2004
Congregation Etz Chaim v. City of Los Angeles
City is estopped from denying congregation's building permit is valid when it was previously approved.
Real Property Aug. 23, 2004
Rui One Corp. v. City of Berkeley
Living wage ordinance does not violate Contract Clause when applied to business with existing lease from city with no express wage component.
Constitutional Law Aug. 23, 2004