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People v. Marshall
Trial court's failure to instruct jury to find elements of sentence enhancement statute beyond a reasonable doubt is harmless error. 		Criminal Law and Procedure Nov. 29, 2001
People v. Marshall
Trial court's failure to instruct jury to find elements of sentence enhancement statute beyond a reasonable doubt is harmless error. 		Criminal Law and Procedure Nov. 29, 2001
DeSpain v. Uphoff
Qualified immunity is not available to government officials in breach of Eighth Amendment violations. 		Prisoners Rights Nov. 29, 2001
MJ Metal Products, Inc. v. National Labor Relations Board
Order 		Nov. 29, 2001
U.S. v. Minjares-Alvarez
Among other things, suppression of defendant's statements made to federal agents isn't appropriate remedy for violation of Vienna Convention on Consular Relations. 		Criminal Law and Procedure Nov. 29, 2001
U.S. v. Purdy
Statute which prosecutes 'unlawful users of controlled substances' survives vagueness challenge. 		Criminal Law and Procedure Nov. 29, 2001
U.S. v. Smith
Completion of first step in process of manufacturing methamphetamine constituted substantial step and warranted imposing longer sentence. 		Criminal Law and Procedure Nov. 29, 2001
Colorado Cross Disability Coalition v. Hermanson Family Limited Partnership I
Because plaintiff failed to present sufficient evidence that removal of architectural barrier is readily achievable, court properly granted summary judgment to defendant. 		Civil Rights Nov. 29, 2001
Ove v. Gwinn
Motorists' civil rights were not violated by blood alcohol tests performed by unlicensed technicians. 		Civil Rights Nov. 29, 2001
U.S. v. Davis
Court did not depart downward based on defendant's diminished mental capacity because criminal history demonstrated need for incarceration to protect public. 		Criminal Law and Procedure Nov. 29, 2001
U.S. v. Cannon
Storage rooms connected to guest house are within curtilage of main house and therefore are covered by search warrant. 		Criminal Law and Procedure Nov. 29, 2001
Gerber v. Hickman
Prisoner's right to procreation survives incarceration and warden's reasons for prohibiting artificial insemination of prisoner's wife are insufficient to justify dismissal. 		Constitutional Law Nov. 29, 2001
Estate of Branson
Tax court had authority to apply doctrine of equitable recoupment to reduce tax debt of person who had underpaid his taxes. 		Taxation Nov. 29, 2001
Montclair Parkowners Assn. v. City of Montclair
Pendency of parallel state proceeding challenging city's rent control ordinance is insufficient basis for dismissal of federal action under 'Younger' abstention doctrine. 		Civil Procedure Nov. 29, 2001
Subia v. Commissioner of Social Security
Federal court lacks jurisdiction to hear social security eligibility motion due to claimant's failure to first exhaust administrative remedies. 		Administrative Agencies Nov. 29, 2001
Metabolife International Inc. v. Wornick
Among other things, district court erred in rejecting animal studies proffered by Metabolife merely because of species gap. 		Civil Procedure Nov. 29, 2001
Wixom v. State
Habeas petition is properly denied as untimely where prisoner did not file appeal until more than year after conclusion of direct review. 		Criminal Law and Procedure Nov. 29, 2001
In re Real Property Located at 22 Santa Barbara Drive
Government did not owe property owners damages for unconstitutional seizure of their home before judgment of forfeiture was made. 		Real Property Nov. 29, 2001
U.S. v. Bishop
Evidence admitted from illegal vehicle stop was not harmless error because it was principal basis for drug conspiracy conviction. 		Criminal Law and Procedure Nov. 29, 2001
U.S. v. Gill
Under Child Support Recovery Act, restitution order properly included interest accrued on delinquent child support payments as required by state law. 		Family Law Nov. 29, 2001
Dillingham v. INS
INS violated alien's right to equal protection by refusing to recognize British expungement of drug possession offense. 		Immigration Nov. 29, 2001
Duke Energy Trading and Marketing LLC v. Davis
Governor's commandeering orders, to extent they conflict with Federal Energy Regulatory Commission requirements, are void under U.S. Constitution's supremacy clause. 		Constitutional Law Nov. 29, 2001
Paykar Construction Inc. v. Spilat Construction Corp.
Collateral estoppel nor res judicata will preclude suit against general contractor who failed to show he was party to novation previously litigated. 		Civil Procedure Nov. 29, 2001
Welch v. Newland
Because prisoner's state habeas petition was pending, statute of limitations was tolled for filing of federal habeas petition. 		Criminal Law and Procedure Nov. 29, 2001
Spears v. Stewart
Arizona's system for appointing counsel for indigent capital defendants in state post-conviction proceedings meets requirements for special habeas corpus procedures. 		Criminal Law and Procedure Nov. 29, 2001
Leisnoi Inc. v. United States
District court had jurisdiction to hear quiet title action to remove cloud on title of native village corporation. 		Real Property Nov. 29, 2001
People v. Briscoe
Defendant's challenges to jury instructions and conviction of special circumstances murder under provocative act murder doctrine are without merit. 		Criminal Law and Procedure Nov. 29, 2001
Thiessen v. General Electric Capital Corp.
District court abuses discretion in decertifying class and dismissing individual claims of age discrimination. 		Employment Law Nov. 29, 2001
Echo Acceptance Corp. v. Household Retail Services Inc.
Credit card company breached contract by failing to continue payments on accounts it purchased. 		Contracts Nov. 29, 2001
Long v. Coast Resorts Inc.
Summary judgment in favor of hotel/casino is partially reversed because it failed to comply with federal wheelchair accessibility requirements. 		Civil Rights Nov. 29, 2001
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