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Sanders v. Ryder
Pro se habeas corpus petitioner sufficiently exhausted his federal ineffective assistance of counsel claim in state court.
Criminal Law and Procedure Oct. 21, 2003
U.S. v. Shryock
Convictions and sentences under RICO for defendants involved in Mexican mafia are affirmed.
Criminal Law and Procedure Oct. 21, 2003
Medina v. Board of Retirement
County's board of retirement would contravene statutory authority if it classified deputy district attorneys as safety members.
Government Oct. 21, 2003
People v. North
Oct. 21, 2003
Bechtel Petroleum Operations Inc. v. Continental Insurance Co.
Because of absolute pollution exclusions in policies, insurers have no duty to defend lawsuits for injuries arising from exposure to toxic substances.
Insurance Oct. 20, 2003
Bechtel Petroleum Operations Inc. v. Continental Insurance Co.
Order
Oct. 20, 2003
Arizona v. Gant
Order
Oct. 20, 2003
Crawford v. Washington
Order
Oct. 20, 2003
Ferguson v. Meadows
Order
Oct. 19, 2003
Swedberg v. Marotzke
Plaintiff's opposition to defendant's motion to dismiss did not automatically convert to summary judgment motion.
Civil Procedure Oct. 17, 2003
Kremen v. Cohen
Internet domain name is protected by conversion law, thus viable claim for conversion exists.
Torts Oct. 16, 2003
Manatt v. Bank of America
Although 42 U.S.C. Section 1981 encompasses retaliation and hostile work environment claims, plaintiff failed to prove co-worker's actions were sufficiently severe.
Employment Law Oct. 16, 2003
State Engineer v. United States
Doctrine of prior exclusive jurisdiction gives state court that adjudicates water decree exclusive jurisdiction over its administration.
Civil Procedure Oct. 16, 2003
Rojas-Garcia v. Ashcroft
Alien who failed to file appellate brief with Board of Immigration Appeals was properly denied relief.
Immigration Oct. 16, 2003
U.S. v. Gunning
District court erred by delegating to probation office responsibility for making schedule for defendant's restitution.
Criminal Law and Procedure Oct. 16, 2003
Graves v. City of Coeur D'Alene
Police officer is entitled to qualified immunity for violating plaintiff's Fourth Amendment right to be free from unreasonable search and seizure.
Civil Rights Oct. 16, 2003
Kesel v. United Parcel Service Inc.
Package carrier that gave shipper opportunity to purchase additional insurance is not liable for full value of lost property.
Business Law Oct. 16, 2003
Haugen v. Brosseau
Police officer's conduct violated Fourth Amendment when she shot plaintiff in back as he tried to flee from police in vehicle.
Constitutional Law Oct. 16, 2003
U.S. v. Zuno-Arce
Defendant fails to show prejudice where new evidence supporting 'Brady-Bagley' claim would not have made difference to outcome of trial.
Criminal Law and Procedure Oct. 16, 2003
U.S. v. Waggoner
Defendant was not entitled to two attorneys after government filed notice that it was not seeking death penalty.
Criminal Law and Procedure Oct. 16, 2003
Bernhardt v. Los Angeles County
County is barred from applying 'lump sum' settlement policy against plaintiff alleging civil rights violations.
Civil Rights Oct. 16, 2003
Bibeau v. Pacific Northwest Research Foundation
Plaintiff who underwent medical research while in prison failed to establish claim under Federal Tort Claims Act.
Government Oct. 16, 2003
U.S. v. Alvarez-Farfan
Court erred in failing to allow jury to compare handwriting of two separate documents.
Criminal Law and Procedure Oct. 16, 2003
Munoz v. Ashcroft
Alien who was brought illegally into United States when he was one year old is subject to removal.
Immigration Oct. 16, 2003
U.S. v. Pimentel-Flores
Defendant's prior conviction for 'assault, in violation of court order' is 'crime of violence' giving rise to 16-level sentence enhancement.
Criminal Law and Procedure Oct. 16, 2003
Lieberman v. Fieger
Attorney's statements about doctor during television interview are constitutionally protected opinions, not defamatory statements.
Torts Oct. 16, 2003
Eckard Brandes Inc. v. Riley
Employee breaches duty of loyalty to employer when employee operates a competing business.
Employment Law Oct. 16, 2003
Dannenberg v. Valadez
In prisoner's rights case, attorney fees incurred to obtain injunctive relief aren't limited by Prison Litigation Reform Act.
Prisoners Rights Oct. 16, 2003
U.S. v. Cliatt
Defendant who attacked wife may be ordered to pay restitution to military hospital that treated her.
Criminal Law and Procedure Oct. 16, 2003
Turner v. Burlington Northern Santa Fe Railroad Co.
Fire investigator may not testify that fire resulted from arson based on lab report.
Torts Oct. 16, 2003