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Maharaj v. Ashcroft
Order
Sep. 17, 2002
Benny v. U.S. Parole Commission
Defendant who serves five years of parole without early termination hearing is not entitled to automatic termination.
Criminal Law and Procedure Sep. 17, 2002
Flowers v. First Hawaiian Bank
Bank's compliance with unlawful Article 32 subpoena without obtaining certificate of compliance from Army isn't exempt from Right to Financial Privacy Act.
Banking Sep. 17, 2002
U.S. v. Gomez-Gonzalez
Order
Sep. 17, 2002
Reed v. Hannigan
Writ of habeas corpus by defendant who voluntarily pleaded guilty to indecent liberties with stepdaughter was properly denied.
Criminal Law and Procedure Sep. 17, 2002
The Guides v. Yarmouth Group Property Management Inc.
Plaintiff lacked standing to pursue Section 1981 action because her individual claim merged with the business' claim.
Civil Rights Sep. 17, 2002
Nance v. Sun Life Assurance Co.
Denial of long-term disability benefits for depression and back pain beginning after employee's termination is proper under ERISA.
Employment Law Sep. 17, 2002
Nelson v. Geringer
State residency requirement for Adjutant General position in Wyoming National Guard violates Privileges and Immunities Clause.
Constitutional Law Sep. 17, 2002
Ahammed v. Securities Investor Protection Corp. (Primeline Securities Corp.)
Claimants who sought to invest in debentures with fraudulent agent are entitled to protection under Securities Investor Protection Act.
Securities Sep. 17, 2002
Thompson v. Davis
Amended opinion
Sep. 17, 2002
Utahns for Better Transportation v. US Dept. of Transportation
Trade association has standing to sue on behalf of members who would have standing to bring same suit.
Civil Procedure Sep. 17, 2002
U.S. v. Bravo
Border agents had reasonable suspicion to use hammer to open toolbox in bed of truck.
Criminal Law and Procedure Sep. 17, 2002
U.S. v. Yanez-Saucedo
Third-degree rape conviction constitutes aggravated felony sentencing enhancement under U.S. Sentencing Guidelines.
Criminal Law and Procedure Sep. 17, 2002
U.S. v. Perez-Corona
Prior conviction for possession of stolen vehicle is not an aggravated felony and defendant is not subject to sentencing enhancement.
Criminal Law and Procedure Sep. 17, 2002
U.S. v. Aguilar
Admission of unavailable codefendants' guilty pleas does not violate accused's rights under confrontation clause.
Constitutional Law Sep. 17, 2002
Alameda Books Inc. v. City of Los Angeles
Order
Sep. 17, 2002
U.S. v. Zaragoza
When customs inspector briefly handcuffs individual during border detention, individual is not under arrest nor unreasonably detained for Fourth Amendment purposes.
Criminal Law and Procedure Sep. 17, 2002
Transmission Agency of Northern California v. Sierra Pacific Power Co.
Amended opinion
Sep. 17, 2002
Saffold v. Carey
Order
Sep. 17, 2002
Shealy v. Shealy
Removal of child from Germany qualified as 'military necessity' and complied with German court's custody order.
Family Law Sep. 17, 2002
Robinson v. State of Kansas
State's acceptance of federal financial assistance prevents sovereign immunity defense to federal discrimination claim.
Constitutional Law Sep. 17, 2002
Ricks v. Nickels
Military prisoner is barred from suing government for injuries despite being discharged during incarceration.
Government Sep. 17, 2002
U.S. v. Goldberg
District court abused its discretion by failing to base degree of departure determination on reasonable methodology hitched to U.S. Sentencing Guidelines.
Criminal Law and Procedure Sep. 17, 2002
National Labor Relations Board v. Oklahoma Fixture Co.
'Permit fees' paid to union by probationary employees violate National Labor Relations Act.
Labor Law Sep. 17, 2002
U.S. v. Avery
Affidavit omitting confidential informant's lengthy criminal history that demonstrates informants reliability establishes probable cause.
Criminal Law and Procedure Sep. 17, 2002
Dustin v. Superior Court (People)
Prosecutor's statements to grand jurors in absence of court reporter was violation of due process.
Administrative Agencies Sep. 17, 2002
O'Toole v. United States
Bureau of Indian Affairs' decision, to not maintain irrigation system, is not protected by discretionary function exception to Federal Torts Claims Act.
Government Sep. 17, 2002
In re Walton
Sep. 17, 2002
Singh v. INS
Petitioner, who demonstrated that 'exceptional circumstances' caused his failure to appear, is entitled to recission of deportation order issued in absentia.
Immigration Sep. 17, 2002
U.S. v. Martinez-Martinez
Motion for downward departure, attacking validity of prior state court conviction, is prohibited collateral attack.
Immigration Sep. 17, 2002