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U.S. v. Rosacker
Sentence for drug offense that was based on unreliable police laboratory report must be recalculated.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Thiele
Claim for relief from restitution order may not be brought in 28 U.S.C. Section 2255 motion.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Pace
Amended opinion
Mar. 21, 2003
Anderson v. Evans
Government failed to prepare environmental impact statement before approving Makah Tribe's whaling quota.
Environmental Law Mar. 21, 2003
Bradley v. Duncan
Trial court's refusal to instruct jury on defense of entrapment violated defendant's due process rights.
Criminal Law and Procedure Mar. 21, 2003
Johnson v. Henderson
Equitable estoppel and equitable tolling will not preserve sexual harassment claims where claimant failed to exhaust administrative remedies.
Civil Procedure Mar. 21, 2003
U.S. v. Price
Double jeopardy does not bar defendant's prosecution for Clean Air Act violation.
Environmental Law Mar. 21, 2003
Lawson v. City of Santa Barbara
Order
Mar. 21, 2003
Mayweathers v. Newland
Religious Land Use and Institutionalized Persons Act is constitutional exercise of Congress' spending clause authority.
Constitutional Law Mar. 21, 2003
Salta v. INS
Board of Immigration Appeals abused its discretion when applying evidentiary requirements of certified mail receipt to regular mail delivery.
Immigration Mar. 21, 2003
U.S. v. Hernandez
Border agents had probable cause to arrest passenger in rear seat of vehicle containing drugs.
Criminal Law and Procedure Mar. 21, 2003
Platinum Capital, Inc. v. Sylmar Plaza (In re Sylmar Plaza)
Chapter 11 reorganization plan which enables debtor to avoid default penalties does not indicate plan was created without 'good faith.'
Bankruptcy Mar. 21, 2003
Geurin v. Winston Industries Inc.
Manufacturer of fryer that injured plaintiff was entitled to introduce evidence that third parties were responsible for accident.
Torts Mar. 21, 2003
Fields v. Woodford
Amended opinion
Mar. 21, 2003
Arakaki v. State
Hawaii's requirement that trustees of Office of Hawaiian Affairs be Hawaiian violates Fifteenth Amendment and Voting Rights Act.
Constitutional Law Mar. 21, 2003
U.S. v. Colin
Driver who touches lane divider for several seconds does not create reasonable suspicion of land straddling.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Mendoza-Prado
Defendant was not entrapped into committing two drug-related offenses.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Reyna-Tapia
Order
Mar. 21, 2003
U. S. v. Vesikuru
Anticipatory search warrant was valid because it adequately incorporated supporting affidavit establishing probable cause and articulated conditions precedent to warrant's execution.
Criminal Law and Procedure Mar. 21, 2003
U.S. v. Gorman
Police who enter third party's home to execute arrest warrant must have probable cause to believe suspect is present.
Criminal Law and Procedure Mar. 21, 2003
Wyatt v. Terhune
Exhaustion requirement of Prison Litigation and Reform Act is defense which must be raised and proved by defendant.
Prisoners Rights Mar. 21, 2003
Zegarra-Gomez v. INS
Deportation subsequent to filing of habeas petition does not moot petition.
Immigration Mar. 21, 2003
Palm v. Cady (In re Cady)
Denial of automatic stay was proper where judgment of nondischargeability was recorded prior to property transfer.
Bankruptcy Mar. 21, 2003
Kremen v. Cohen
Order
Mar. 21, 2003
Montana Wilderness Assn. Inc. v. U.S. Forest Service
Genuine issues of fact exist as to whether U.S. Forest Service complied with its duties under Montana Wilderness Study Act.
Environmental Law Mar. 21, 2003
Parrish v. Small
Court must determine whether shackling of prisoner during trial was prejudicial.
Criminal Law and Procedure Mar. 21, 2003
Cummings v. Connell
Refund of fees awarded to nonmembers of union who failed to object to fees was overbroad.
Labor Law Mar. 21, 2003
Montana Right to Life Assn. v. Eddleman
Order
Mar. 21, 2003
Homedics Inc. V. Valley Forge Insurance Co.
Patent infringement claims do not trigger insurer's duty to defend under commercial general liability policy.
Insurance Mar. 21, 2003
Mangini v. U.S.
Facts unknown to judge prior to trial required his disqualification and subsequent judgment must be vacated.
Judges Mar. 21, 2003