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U.S. v. Stephens
Order
Feb. 1, 2001
Nguyen v. Lindsey
Although prosecutor presented different evidence of who fired first shot in separate trials for same murder, there is no violation of due process.
Criminal Law and Procedure Feb. 1, 2001
U.S. v. Barrios-Gutierrez
Order
Feb. 1, 2001
Sharp v. Weston
Court did not exceed scope of authority with new order in light of Washington's Special Commitment Center's noncompliance with prior orders.
Civil Rights Feb. 1, 2001
Fields v. Gates
Attorney is not required to attend legal ethics course when case involving misconduct is dismissed.
Attorneys Feb. 1, 2001
Smith v. University of Washington
University's law school admissions policy that considers race for other than remedial purposes and educational diversity doesn't violate 14th Amendment.
Civil Rights Feb. 1, 2001
Knevelbaard Dairies v. Kraft Foods Inc.
California milk producer's complaint against cheesmakers adequately states claim on which relief may be granted in antitrust action.
Civil Procedure Feb. 1, 2001
U.S. v. Garcia-Valenzuela
Despite pleading guilty, defendant may challenge court's denial of government's motion to dismiss counts against him.
Criminal Law and Procedure Feb. 1, 2001
Trustees of the Directors Guild of America-Producer Pension Benefits Plans v. Tise
Pension plan is required to honor Qualified Domestic Relations Order created under state law establishing right to benefits in ERISA plan.
Employment Law Feb. 1, 2001
U.S. v. Pacheco-Zepeda
Sentence for illegal re-entry may be increased for prior aggravated felonies that were not charged in indictment.
Criminal Law and Procedure Feb. 1, 2001
U.S. v. Munoz
In fraudulent investment scheme, intended loss without offset by value recovered by victims is appropriate standard in calculating defendants' sentences.
Criminal Law and Procedure Feb. 1, 2001
Simon v. Value Behavioral Health Inc.
Order
Feb. 1, 2001
U.S. v. Penn
Defendant is not permitted to remove personal property from car before police inventory contents for impoundment.
Criminal Law and Procedure Feb. 1, 2001
U.S. v. Garcia-Guizar
District court's correction of calculating error that adds 33 months to original sentence is not vindictive or violative of due process.
Criminal Law and Procedure Feb. 1, 2001
U.S. v. Lynch
To convict under Archeological Resources Protection Act, Government must show defendant knew skull he removed from public land was 'archeological resource.'
Criminal Law and Procedure Feb. 1, 2001
Hunt v. Early
Habeas petitioner may be entitled to finding of impediment or equitable tolling based on unavailability of federal statute stating statute of limitations.
Criminal Law and Procedure Feb. 1, 2001
Cortez-Acosta v. INS
Petition for review of deportation is granted because administrative record doesn't satisfy stringent evidentiary standard.
Immigration Feb. 1, 2001
U.S. v. Rojas-Millan
In determining if defendant was minor participant court should have evaluated defendant's role in criminal scheme relative to all participants.
Criminal Law and Procedure Feb. 1, 2001
Shwarz v. United States
Taxpayer's suit against IRS for unauthorized disclosure of tax return information is barred because disclosures occurred in course of tax collection activity.
Taxation Feb. 1, 2001
U.S. v. Corona-Sanchez
Conviction for petty theft under California Penal Code constitutes aggravated felony for sentencing enhancement purposes as defined by federal statute.
Immigration Feb. 1, 2001
U.S. v. Seesing
Pro se letter withdrawing plea may be recharacterized by court as motion for relief when defendant provides informed consent.
Criminal Law and Procedure Feb. 1, 2001
Abovian v. INS
Due process requires BIA denials of asylum to be supported by credibility findings that offer specific, cogent reasons for any stated disbelief.
Immigration Feb. 1, 2001
Gonzales v. Furr's Supermarkets
Order
Torts Feb. 1, 2001
Clayton v. Boone
Order
Criminal Law and Procedure Feb. 1, 2001
Chatman v. Saffle
Order
Criminal Law and Procedure Feb. 1, 2001
Goletto v. W.H. Braum, Inc.
Order
Insurance Feb. 1, 2001
Palm Valley Homeowners Association v. Design, MTC.
Action brought by lawyers representing corporation previously suspended for failure to file information with State may be sanctioned for frivolous lawsuit
Corporations Jan. 31, 2001
People v. Andrade
Court's omission of 'designed' from instruction regarding arson-sentence enhancement is not prejudicial error.
Criminal Law and Procedure Jan. 31, 2001
City v. Workers' Compensation Appeals Board
Municipality cannot retire officer without consent solely because work-related condition is 'permanent and stationary' when officer entitled to leave of absence without salary loss.
Employment Law Jan. 31, 2001
Bellas v. Superior Court (People)
Juror questionnares are public records and privacy interest of juror is outweighed by First Amendment right of public access to judicial proceedings
Constitutional Law Jan. 31, 2001