Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
03-70477
|
Desta v. Ashcroft
Court has authority to stay order of voluntary departure while considering merits of alien's asylum petition. |
Immigration |
|
Jul. 12, 2004 | |
03-30129
|
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 | |
02-56066
|
Ramirez v. Castro
Defendant's life sentence for stealing VCR was cruel and unusual punishment. |
Criminal Law and Procedure |
|
Jul. 12, 2004 | |
01-57166
|
Arredondo v. Ortiz
Witness's invocation of Fifth Amendment privilege at criminal trial extended to collateral matters. |
Criminal Law and Procedure |
|
Jul. 12, 2004 | |
02-10325
|
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 | |
03-30256
|
U.S. v. Gonzalez
Denial of probation based upon 'preponderance of evidence' was correct. |
Criminal Law and Procedure |
|
Jul. 12, 2004 | |
G030846
|
Lundahl v. Telford
|
|
Jul. 11, 2004 | ||
03-526
|
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 | |
02-1632
|
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 | |
03-475
|
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 | |
02-1603
|
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 | |
02-10038
|
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 | |
03-6696
|
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 | |
02-1183
|
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 | |
03-1200
|
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 | |
02-1371
|
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 | |
03-334
|
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 | |
03-1027
|
Rumsfeld v. Padilla
Federal habeas petitioner must bring action against immediate physical custodian in district of confinement. |
Criminal Law and Procedure |
|
Jul. 11, 2004 | |
03-339
|
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 | |
03-218
|
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 | |
02-15580
|
Wagh v. Metris Direct Inc.
Amended opinion |
|
Jul. 9, 2004 | ||
02-74091
|
Gormley v. Ashcroft
Petitioners' failure to present compelling evidence rising to level of persecution results in denial of asylum. |
Immigration |
|
Jul. 9, 2004 | |
02-72978
|
Cazarez-Gutierrez v. Ashcroft
Order |
|
Jul. 9, 2004 | ||
03-10055
|
U.S. v. Campos-Fuerte
Amended opinion |
|
Jul. 9, 2004 | ||
03-15112
|
Bodett v. CoxCom Inc.
Employee who was terminated for harassing gay subordinate failed to establish claim of religious discrimination. |
Employment Law |
|
Jul. 9, 2004 | |
02-70866
|
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 | |
03-56028
|
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 | |
02-57014
|
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 | |
02-35538
|
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 | |
01-15963
|
Flamingo Industries (USA) Ltd. v. United States Postal Service
Order |
|
Jul. 9, 2004 |