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Name Category Published
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
U.S. v. Pena
Where court never explained nature of charges against defendant, plea colloquy failed to comply with Federal Rule of Criminal Procedure 11.
Criminal Law and Procedure Mar. 21, 2003
Singh v. INS
Immigration board was not required to mail notice to attorney who failed to file notice of appearance on behalf of client.
Immigration Mar. 21, 2003
Scheehle v. Justices of the Supreme Court of State of Arizona
Order
Mar. 21, 2003
U.S. v. Manchester Farming Partnership
Although government's conduct was below standards, court did not err when it denied defendant's Hyde Amendment request for attorney fees and costs.
Attorneys Mar. 21, 2003
U.S. v. Ramirez-Lopez
Government's removal of witnesses before defense counsel could interview them does not indicate bad faith or prejudice to the defendant.
Criminal Law and Procedure Mar. 21, 2003
Wilderness Society v. U.S. Fish and Wildlife Service
Fishing project in Alaskan wilderness does not violate environmental laws.
Environmental Law Mar. 21, 2003
Natural Resources Defense Council Inc. v. Evans
National Marine Fisheries Service failed to provide proper notice and opportunity for public comment under Administrative Procedure Act.
Administrative Agencies Mar. 21, 2003
Ganis Credit Corp. v. Anderson (In re Jan Weilbert RV Inc.)
In bankruptcy proceedings, court cannot limit 'ordinary business terms' to 'average' transactions in industry.
Bankruptcy Mar. 21, 2003
Aguon v. Commonwealth Ports Authority
Public corporation is not person under 42 U.S.C. Section 1983 and may not be sued for damages because it is instrumentality of state.
Government Mar. 21, 2003
U.S. v. Enslin
Police search of bedroom based on consent of resident with apparent authority was lawful.
Criminal Law and Procedure Mar. 21, 2003
Vasquez-Lopez v. Ashcroft
Voluntary departure of illegal alien constituted break in continued physical presence.
Immigration Mar. 21, 2003
U.S. v. Severino
Information which correctly alleged prior conviction but alleged it occurred in wrong state gave defendant sufficient notice under 21 U.S.C. Section 851.
Criminal Law and Procedure Mar. 21, 2003
Lake Kaahumanu v. County of Maui
County council members are not entitled to legislative immunity for decision to deny conditional use permit.
Government Mar. 21, 2003
S.M. v. J.K.
Amended opinion
Mar. 21, 2003
U.S. v. Luna-Madellaga
Defendant, convicted of unlawful re-entry of deported alien, is subject to enhancement that applies to removal made pursuant to reinstated order.
Immigration Mar. 21, 2003