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Name Category Published
Cardenas v. INS
Board of Immigration Appeals improperly denied asylum application where fear of future persecution was established.
Immigration Sep. 10, 2002
Little v. Kern County Superior Court
Attorney who attempted three times to have judge disqualified is not liable for contempt.
Criminal Law and Procedure Sep. 10, 2002
Risner v. Saffle
Order
Sep. 10, 2002
U.S. v. Gonzalez-Gonzalez
Order
Sep. 10, 2002
Opinion of Bill Lockyer
Court order is required in order for district attorney to make copies of documents maintained in juvenile case file.
Government Sep. 10, 2002
U.S. v. Ledesma
Order
Sep. 10, 2002
State v. Neeley
Probable cause existed to arrest defendant for possession of drug paraphernalia.
Criminal Law and Procedure Sep. 9, 2002
Interest of C.C.V.
Person convicted of sex offense as juvenile is not entitled to terminate duty to register as sex offender.
Criminal Law and Procedure Sep. 9, 2002
W.O. Brisben Companies Inc. v. Krystkowiak
Complaint is properly dismissed where it failed to state claim upon which relief could be granted.
Civil Procedure Sep. 9, 2002
Marriage of Villalva
Grandparent's visitation rights can be determined in county of original dissolution action despite parent's move to another county.
Family Law Sep. 9, 2002
Cotter Corp. v. American Empire Surplus Lines Insurance Co.
Pollution exclusion clause in insurance contract protected insurers from liability for release of toxic chemicals.
Insurance Sep. 9, 2002
Hlavac v. Davidson
Failure to report personal expenditures constituted violation of Fair Campaign Practices Act.
Administrative Agencies Sep. 9, 2002
Casad v. U.S. Department of Health and Human Services
NIH summary statement of grant application falls within deliberative process exception of Freedom of Information Act.
Government Sep. 9, 2002
Rakity v. Dillon Co,
Plaintiff's lifting limitation is not disability within meaning of ADA.
Employment Law Sep. 9, 2002
Tax Accounting Software Corp. v. United States
Software developers were not entitled to tax credit for research and development expenses.
Taxation Sep. 9, 2002
Olivine Corp. v. United Capitol Insurance Co.
Party seeking cancellation of insurance policy may cancel only interests covered by its power of attorney.
Insurance Sep. 9, 2002
Gilbert v. Mullin
Supplemental jury instruction, intended to urge jurors to reach unanimous decision, is not coercive.
Criminal Law and Procedure Sep. 9, 2002
U.S. v. Magallanes
District court should not have decided merits of issue not covered by certificate of appealability issued by appellate court.
Criminal Law and Procedure Sep. 9, 2002
Ellis v. Hargett
Defendant who failed to request jury instruction or raise due process claim on direct appeal is denied habeas relief.
Criminal Law and Procedure Sep. 9, 2002
Chapman v. LeMaster
Because state would not apply 'Ortega' rule retroactively to prisoner's felony murder conviction, his conviction does not violate federal due process standards.
Criminal Law and Procedure Sep. 9, 2002
U.S. v. Power Engineering Co.
EPA may bring separate enforcement action against polluter even though state has also brought action against same polluter.
Administrative Agencies Sep. 9, 2002
Duckett v. Mullin
Prosecutor's comments during voir dire did not constitute prejudicial misconduct in violation of due process.
Criminal Law and Procedure Sep. 9, 2002
King v. United States
Government's cross claim was essentially contract claim for liability and subject to federal six-year statute of limitations.
Civil Procedure Sep. 9, 2002
Midland Mortgage Co. v. U.S. Fidelity and Guaranty Co.
U.S. Fidelity & Guaranty Co. is required to provide defense in class action lawsuit against mortgage company.
Insurance Sep. 9, 2002
In re Alliance Construction Solutions, Inc.
Upon satisfaction of four-part test, attorney-client privilege protects documents and communications between governmental entity and its independent contractor.
Civil Procedure Sep. 9, 2002
State v. Eaker
Conviction for child rape is reversed because of impermissible jury instruction commenting on the evidence.
Criminal Law and Procedure Sep. 9, 2002
State Engineer v. Bradley
Water court's conclusion that plaintiff satisfied his burden of proving historic use of water right to be changed isn't supported by record.
Real Property Sep. 9, 2002
People v. Diaz
Police violated Fourth Amendment by obtaining blood and hair samples through warrantless search without court order.
Criminal Law and Procedure Sep. 9, 2002
Bell v. State of Washington
Plaintiff alleging negligent parole supervision must prove the inadequate supervision proximately caused injuries.
Criminal Law and Procedure Sep. 9, 2002
Marriage of Wright
Value of spouse's pension may be calculated based on likely retirement age for purpose of dissolution proceeding.
Family Law Sep. 9, 2002