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Name Category Published
Sidhu v. INS
Adverse credibility finding withstands appellate review where applicant's credibility is questioned and applicant fails to produce corroborating evidence.
Immigration Oct. 5, 2000
United States v. Dunifer
District court lacks jurisdiction to adjudicate broadcaster's claim that FCC licensing regulations are unconstitutional.
Government Oct. 5, 2000
Estate of Macias v. DLJ/MJ Mark IHDE
Court errs in assuming that murder, and not equal protection, is constitutional deprivation on which civil rights action is based.
Civil Rights Oct. 5, 2000
U.S. v. Doe
Government's failure to notify parents of juvenile's right to remain silent is cause to suppress confession of juvenile.
Criminal Law and Procedure Oct. 5, 2000
Braunling v. Countrywide Home Loans Inc.
Disabled worker who is not qualified for present position, with or without reasonable accommodation, may not maintain ADA claim.
Employment Law Oct. 5, 2000
Larita-Martinez v. INS
Failure to rebut presumption that BIA took supplemental information into consideration is basis for denial of review of its decision.
Immigration Oct. 5, 2000
U.S. v. Magallon-Jimenez
Cocaine found lodged between passenger's feet in vehicle involved in drug transaction indicates knowledge, possession and intention to distribute drugs.
Criminal Law and Procedure Oct. 5, 2000
Turin & Sons Inc. v. Commissioner of Internal Revenue
Emulsified asphalt cannot be stored as inventory, and is therefore not 'merchandise' within scope of Treasury regulations.
Taxation Oct. 5, 2000
U.S. v. Cormier
Motel guest has no reasonable expectation of privacy in guest registration records.
Criminal Law and Procedure Oct. 5, 2000
U.S. v. Musa
Court does not abuse its discretion by imposing sentence that departs from range listed in Sentencing Commission's policy statement.
Criminal Law and Procedure Oct. 5, 2000
Chouchkov v. INS
Rebuttable presumption of fear of persecution is created when alien fears for own life after opposing nuclear materials deal between Russia and Iran.
Immigration Oct. 5, 2000
Alarcon-Serrano v. INS
Alien who is found inadmissible or deportable for committing crime has no right to appeal order.
Immigration Oct. 5, 2000
Bateman v. U.S. Postal Service
Attorney 's negligent failure to meet filing deadline is excusable neglect, relieving client of final judgment that grants opposing party's motion for summary judgment.
Civil Procedure Oct. 5, 2000
Cedic Development Co. v. Warnicke
Rates that do not take into account results obtained or risk of nonpayment warrant enhancement of lodestar to provide attorneys reasonable compensation.
Bankruptcy Oct. 5, 2000
U.S. v. Lindberg
To recover expenses for prosecutorial misconduct, defendant must show more than substantially unjustified position by government.
Criminal Law and Procedure Oct. 5, 2000
U.S. v. Bennett
Government wiretap application for drug conspiracy investigation shows sufficient necessity despite undercover agent's questionable credibility.
Criminal Law and Procedure Oct. 5, 2000
U.S. v. Enas
Order
Oct. 5, 2000
Guinness Peat Group v. Gould
Order
Oct. 5, 2000
People v. Marjanian
Review granted
Criminal Law and Procedure Oct. 5, 2000
Kibler v. Walters
Prisoner doesn't exhaust federal constitutional claim in motion for discretionary review when claim was only referenced in brief submitted to lower court.
Criminal Law and Procedure Oct. 5, 2000
People v. Cervantes
Order
Oct. 4, 2000
In re Resendiz
Review granted
Criminal Law and Procedure Oct. 4, 2000
People v. Valentine
Denial of statutory right to jury trial on prior convictions is subject to harmless error analysis.
Criminal Law and Procedure Oct. 4, 2000
Mitchell v. Asbestos Corp. Ltd.
Statute of limitations begins when action against asbestos supplier filed, making second action time-barred.
Torts Oct. 4, 2000
People v. Sanchez
Gross intoxicated vehicular manslaughter is not lesser included offense of murder.
Criminal Law and Procedure Oct. 4, 2000
People v. Dingman
Conviction for possession of assault rifle doesn't require that rifle be manufactured with detachable magazine.
Criminal Law and Procedure Oct. 4, 2000
People v. Aguayo
Review granted
Oct. 4, 2000
People v. Haynes
Unavailable witness taped statements in preliminary hearing are admissible against defendant at trial under recently-enacted statute.
Criminal Law and Procedure Oct. 4, 2000
People v. Allen
Review granted
Oct. 4, 2000
U.S. v. Webb
Native American indicted for misconduct occurring within reservation boundaries is subject to federal jurisdiction.
Native American Affairs Oct. 4, 2000