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Desta v. Ashcroft
Court has authority to stay order of voluntary departure while considering merits of alien's asylum petition.
Immigration Jul. 12, 2004
U.S. v. Leon H.
Court did not err in sentencing minor based on his age at dispositional hearing rather than at time crime was committed.
Criminal Law and Procedure Jul. 12, 2004
Ramirez v. Castro
Defendant's life sentence for stealing VCR was cruel and unusual punishment.
Criminal Law and Procedure Jul. 12, 2004
Arredondo v. Ortiz
Witness's invocation of Fifth Amendment privilege at criminal trial extended to collateral matters.
Criminal Law and Procedure Jul. 12, 2004
U.S. v. Viayra
In criminal case, court may not convert motion for judgment of acquittal into new trial motion absent request by defendant.
Criminal Law and Procedure Jul. 12, 2004
U.S. v. Gonzalez
Denial of probation based upon 'preponderance of evidence' was correct.
Criminal Law and Procedure Jul. 12, 2004
Lundahl v. Telford
Jul. 11, 2004
Schriro v. Summerlin
Requirement that aggravating factors for death penalty be found by jury is not substantive or 'watershed' procedural rule that applies retroactively.
Criminal Law and Procedure Jul. 11, 2004
Blakely v. Washington
Kidnapper's enhanced sentence based on judge's disputed finding of "deliberate cruelty" violates his right to trial by jury.
Criminal Law and Procedure Jul. 11, 2004
Cheney v. U.S. District Court for the District of Columbia
Appellate court will reconsider whether records of National Energy Policy Development Group should be made public.
Government Jul. 11, 2004
Beard v. Banks
Capital sentencing scheme requiring jury to disregard mitigating factors not found to be unanimously invalid cannot be applied retroactively to defendant.
Criminal Law and Procedure Jul. 11, 2004
Tennard v. Dretke
Defendant with I.Q. of 67 who received death penalty will have chance to appeal sentence.
Criminal Law and Procedure Jul. 11, 2004
Hamdi v. Rumsfeld
U.S. citizen arrested in Afghanistan for aiding Taliban regime is entitled to contest factual basis of his detention.
Constitutional Law Jul. 11, 2004
U.S. v. Patane
Failure by police to give Miranda warning does not mandate suppression of physical fruits of unwarned, voluntary statements.
Criminal Law and Procedure Jul. 11, 2004
Holland v. Jackson
Defendant who located witness seven years after murder conviction is not entitled to habeas relief.
Criminal Law and Procedure Jul. 11, 2004
Missouri v. Seibert
In nearly continuous interrogation, second statement that is product of invalid pre-Miranda statement should be suppressed.
Criminal Law and Procedure Jul. 11, 2004
Rasul v. Bush
Federal courts have jurisdiction to hear habeas petitions of foreign nationals held at Guantanamo Bay Naval Base.
Civil Procedure Jul. 11, 2004
Rumsfeld v. Padilla
Federal habeas petitioner must bring action against immediate physical custodian in district of confinement.
Criminal Law and Procedure Jul. 11, 2004
Sosa v. Alvarez-Machain
Suspect who was kidnapped in Mexico to stand trial in United States is barred from suing under Federal Tort Claims Act and Alien Tort statute.
Government Jul. 11, 2004
Ashcroft v. American Civil Liberties Union
Child Online Protection Act may not be least restrictive means of preventing minors from accessing harmful materials on Internet.
Constitutional Law Jul. 11, 2004
Wagh v. Metris Direct Inc.
Amended opinion
Jul. 9, 2004
Gormley v. Ashcroft
Petitioners' failure to present compelling evidence rising to level of persecution results in denial of asylum.
Immigration Jul. 9, 2004
Cazarez-Gutierrez v. Ashcroft
Order
Jul. 9, 2004
U.S. v. Campos-Fuerte
Amended opinion
Jul. 9, 2004
Bodett v. CoxCom Inc.
Employee who was terminated for harassing gay subordinate failed to establish claim of religious discrimination.
Employment Law Jul. 9, 2004
Garcia-Cortez v. Ashcroft
Board of Immigration Appeals erred in summarily dismissing appeal for failure to timely file brief where appeal was sufficiently detailed.
Immigration Jul. 9, 2004
Harris v. Board of Supervisors, Los Angeles County
Plaintiffs have standing to challenge county's decision to reduce health care facilities because potential harm is imminent.
Constitutional Law Jul. 9, 2004
U.S. v. Able Time, Inc.
Despite untimely service of process, court has subject matter jurisdiction and must consider question of prejudice.
Civil Procedure Jul. 9, 2004
Latman v. Burdette (Bankruptcy Appeals Clerk)
Bankruptcy court may equitably surcharge debtor's statutory exemptions to protect integrity of bankruptcy process and debtor's creditors.
Bankruptcy Jul. 9, 2004
Flamingo Industries (USA) Ltd. v. United States Postal Service
Order
Jul. 9, 2004