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U.S. v. Gurolla
Defendant who was not permitted to present entrapment defense is entitled to retrial.
Criminal Law and Procedure Oct. 7, 2003
Nagoulko v. INS
No eligibility for asylum when failure to show past persecution and failure to show good reason to fear future persecution.
Immigration Oct. 7, 2003
Busquets-Ivars v. Ashcroft
INS failed to meet proper notice requirement because notice of removal hearing was addressed with wrong zip code.
Immigration Oct. 7, 2003
U.S. v. Si
Order
Oct. 7, 2003
Davis v. Woodford
Evidence of strangulation strongly suggests premeditation and deliberation sufficent enough to sustain first-degree murder conviction.
Criminal Law and Procedure Oct. 7, 2003
Batzel v. Smith
Operator of Internet listserv may be liable for publishing defamatory email sent by third party.
Civil Procedure Oct. 7, 2003
Fishing Co. of Alaska Inc. v. United States of America
Fishery management regulations are upheld.
Environmental Law Oct. 7, 2003
U.S. v. Ceja-Prado
Federal court may have lacked jurisdiction to hear criminal case involving alleged minor.
Criminal Law and Procedure Oct. 7, 2003
U.S. v. Sanchez-Sanchez
Court must review discrepancies with regard to defendant's prior conviction and magistrate lacked authority to accept defendant's admission of supervised release violation.
Criminal Law and Procedure Oct. 7, 2003
Stroock & Stroock & Lavan LLP v. Tendler
Reliance upon counsel's advice serves as defense to claim of malicious prosecution.
Torts Oct. 6, 2003
People v. Superior Court (Feather)
Order
Criminal Law and Procedure Oct. 6, 2003
Wilson v. Parker Covert & Chidester
When defendants claim for injunctive relief and damages was brought with probable cause court correctly dismisses malicious prosecution action.
Torts Oct. 6, 2003
Hughes Elec. Corp. v. Garcia
Order
Oct. 6, 2003
Grant v. Oklahoma
Order
Oct. 6, 2003
Estate of Carter
Oct. 6, 2003
Philip Morris USA v. Williams
Order
Oct. 6, 2003
Chrysler Corp. v. Clark
Order
Oct. 6, 2003
Wien & Malkin v. Helmsley-Spear, Inc.
Order
Oct. 6, 2003
Nickelberry v. Pharaoh
Order
Constitutional Law Oct. 6, 2003
Naegele v. R.J. Reynolds Tobacco Co.
Individuals diagnosed with lung cancer before statute gave right to sue cannot maintain tort action against tobacco manufacturers.
Torts Oct. 6, 2003
People v. Morgan
Jury instruction doesn't have 'chilling effect' on deliberations, but does protect due process rights of litigants.
Criminal Law and Procedure Oct. 6, 2003
People v. Valot
Juror was improperly discharged after court erroneously concluded she was refusing to deliberate.
Criminal Law and Procedure Oct. 6, 2003
Post-Confirmation Committee of Unsecured Creditors of Incomnet Communications Corp. v. Universal Service Administration Co. (In re Incomnet Inc.)
Nonprofit corporation that collects and manages telecommunication service contributions qualifies as transferee because it was actual recipient of funds.
Bankruptcy Oct. 6, 2003
Martinez-Vasquez v. INS
Inadmissible alien's habeas corpus petition is affirmed.
Immigration Oct. 6, 2003
Jackson on Habeas Corpus
Order
Criminal Law and Procedure Oct. 5, 2003
Mejia v. Reed
Divorcing couple's property division is subject to creditor claims under Uniform Fraudulent Transfer Act.
Family Law Oct. 3, 2003
People v. Foster
Sentence imposing hormone suppression treatment for sex offender is not cruel and unusual punishment.
Criminal Law and Procedure Oct. 3, 2003
People v. Allen
Court's failure to determine whether prosecutor improperly used peremptory challenges based on race requires reversal of conviction.
Criminal Law and Procedure Oct. 3, 2003
Roden v. Bergen Brunswig Corp.
Lump sum that employer must pay to employee under settlement agreement does not resolve liability for retirement benefits.
Contracts Oct. 3, 2003
Friends of Westhaven and Trinidad v. County of Humboldt
Application for litigation stay for subdivision map was untimely because it was made after expiration of tentative map.
Administrative Agencies Oct. 3, 2003