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U.S. v. Patzer
Evidence obtained after unlawful arrest, including verbal admissions and physical evidence from vehicle, should have been suppressed.
Criminal Law and Procedure Mar. 25, 2002
U.S. v. Gomez-Gonzalez
Incarceration imposed resulting from parole violation need not be submitted to a jury to satisfy 'Apprendi.'
Criminal Law and Procedure Mar. 25, 2002
Republican Party of Guam v. Gutierrez
Federal district court lacks subject matter jurisdiction where resolution of dispute depends on Guam law, not federal law.
Civil Procedure Mar. 25, 2002
American Family Assn. Inc. v. City and County San Francisco
City and County of San Francisco's resolutions condemning anti-gay advertisements do not violate First Amendment.
Constitutional Law Mar. 25, 2002
Montero-Martinez v. Ashcroft
Jurisdiction exists to review BIA's determination of purely legal and non-discretionary question of whether daughter is 'child' under 8 U.S.C. Section 1229b(b)(1)(D).
Immigration Mar. 25, 2002
Barrios v. California Interscholastic Federation
Plaintiff in ADA discrimination suit who subsequently settled is considered 'prevailing party' and is entitled to attorney fees.
Civil Procedure Mar. 25, 2002
U.S. v. Lincoln
Defendant convicted of stealing money orders may be required to pay restitution to U.S. Post Office.
Criminal Law and Procedure Mar. 25, 2002
Corjasso v. Ayers
Habeas petitioner is entitled to equitable tolling of statute of limitations where district court mishandled petition.
Criminal Law and Procedure Mar. 25, 2002
Liberty Tool, & Manufacturing Voretex Lures Limited Partnership v. Vortex Fishing Systems Inc. (In re Vortex Fishing Systems Inc.)
Amended opinion
Mar. 25, 2002
U.S. v. Guagliardo
Copying child pornography onto computer disks qualifies as 'produced' images from interstate commerce, and conditions of supervised release must be specific.
Criminal Law and Procedure Mar. 25, 2002
Brown v. MCI Worldcom Network Services Inc.
Court isn't barred by 'filed-rate' doctrine from hearing defendant's claim that telephone company wasn't authorized to charge him $10 fee.
Administrative Agencies Mar. 25, 2002
Poonja v. Alleghany Properties (In re Los Gatos Lodge Inc.)
Bankruptcy trustee cannot surcharge creditor for expenses when secured claim is disallowed.
Bankruptcy Mar. 25, 2002
U.S. v. Marolf
U.S. government must pay attorney fees of party whose property was forfeited without notice.
Government Mar. 25, 2002
U.S. v. Feng
Testimony offered against alien smugglers in exchange for immigration benefits does not violate federal Anti-Gratuity Statute
Criminal Law and Procedure Mar. 25, 2002
Finau v. INS
Amended opinion
Mar. 25, 2002
U.S. v. Buckland
Law that increases sentence for drug offenses based on quantity of drugs is not facially unconstitutional.
Criminal Law and Procedure Mar. 25, 2002
Action Apartment Assn. v. Santa Monica Rent Control Board
Order
Mar. 25, 2002
People v. Hightower
Order
Mar. 25, 2002
Tulare City Public Defender v. Superior Court (People)
Order
Mar. 25, 2002
Swanson v. Image Bank Inc.
Employment contract's choice of law provision is trumped by Arizona statute allowing for wage, treble damages.
Employment Law Mar. 22, 2002
Retter v. Retter (CVR 1997 Irrevocable Trust)
No trustee liability in beneficiary's action alleging breach of duty that was brought after court released trustee.
Probate and Trusts Mar. 22, 2002
Michael M. v. Arizona Dept. of Economic Security
Juvenile court abused its discretion in denying visitation to incarcerated father.
Family Law Mar. 22, 2002
Mahorney v. Hightower
Order
Mar. 22, 2002
Spears v. Stewart
Amended opinion
Mar. 21, 2002
Burrows v. Cherokee County Sheriff's Office
Order
Mar. 21, 2002
People v. Borghesi
Mar. 21, 2002
In re Victor F.
Order
Mar. 21, 2002
Schonfeldt v. Blue Cross of California
Order
Mar. 21, 2002
People v. James
Jury instruction defining enterprise participation is sufficient to sustain racketeering conviction.
Criminal Law and Procedure Mar. 21, 2002
Thornbury v. Allen
Employee's claim for damages precluded by exclusive remedy provisions of worker's compensation act.
Workers' Compensation Mar. 21, 2002