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Name Category Published
People v. Kelley
Review granted
Criminal Law and Procedure Oct. 2, 2000
People v. McCoy
Review granted
Criminal Law and Procedure Oct. 2, 2000
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 Oct. 2, 2000
Cardenas-Uriarte v. INS
Immigrant convicted of possessing drug paraphernalia did not commit deportable offense if he qualifies for first offender treatment.
Immigration Oct. 2, 2000
Dolven v. Bartleson (In re Bartleson)
Creditor of nondischargeable debt may exercise collection rights outside reorganization plan that does not expressly preclude such activity.
Bankruptcy Oct. 2, 2000
Vasquez v. Adair (In re Adair)
Absent request for further information by trustee, debtor does not have ongoing duty to update information in bankruptcy schedules.
Bankruptcy Oct. 2, 2000
Gerwer v. Salzman (In re Gerwer)
Debtor may not direct payment from third party toward nondischargeable portion of debt.
Bankruptcy Oct. 2, 2000
Olson v. Derham-Burk (In re Olson)
Individual debtor may not amend bankruptcy petition under Chapter 13 to include joint petition from spouse.
Bankruptcy Oct. 2, 2000
U.S. v. Sager
Court errs by disallowing cross-examination of witness regarding investigatory details and not allowing jury to consider whether investigation was flawed.
Criminal Law and Procedure Oct. 2, 2000
U.S. v. Martin
Government's motion to reconsider sentence is timely if it is made before resentencing has occurred.
Criminal Law and Procedure Oct. 2, 2000
Mena v. City of Simi Valley
Officers are not entitled to immunity for knowingly searching portions of property erroneously included within terms of search warrant.
Criminal Law and Procedure Oct. 2, 2000
Pace v. Honolulu Disposal Service Inc.
Oral agreement that would eviscerate plain language of collective bargaining agreement is inadmissible under parol evidence rule.
Labor Law Oct. 2, 2000
Bandari v. INS
Immigration judge' s adverse credibility finding may not be based on petitioner's minor discrepancies concerning time and location of severe beating by police.
Immigration Oct. 2, 2000
Montana Chamber of Commerce v. Argenbright
First Amendment does not permit restricting corporate speech on public issues.
Constitutional Law Oct. 2, 2000
People v. Murphy
Review granted
Criminal Law and Procedure Oct. 2, 2000
People v Hester
Absent explicit or implicit waiver, right to claim sentencing error isn't waived by entering into plea agreement.
Criminal Law and Procedure Oct. 2, 2000
People v. Nava
Order
Criminal Law and Procedure Oct. 2, 2000
Guz v. Bechtel National Inc.
Review granted
Oct. 2, 2000
Kazi v. State Farm Fire
Review granted
Oct. 2, 2000
Ketchum III v. Moses
Order
Oct. 2, 2000
Industrial Indemnity Co. v. Apple Computer Inc.
Appellate opinion certified
Oct. 2, 2000
State v. Miranda
Disorderly conduct is lesser included offense of aggravated assault despite recent case law to contrary.
Criminal Law and Procedure Oct. 2, 2000
State v. Honorable Cindy Kelly Jorgenson
Defendant's retrial is dismissed with prejudice because reversal of original conviction based on prosecutorial misconduct.
Criminal Law and Procedure Oct. 2, 2000
United States v. Philip Morris Inc.
Government fails to demonstrate that tobacco's company participation in conspiracy establishes personal jurisdiction.
Civil Procedure Oct. 2, 2000
People v. Jones
Order
Oct. 1, 2000
People v. Metters
Review granted
Criminal Law and Procedure Oct. 1, 2000
People v. Gaul
Review granted
Criminal Law and Procedure Oct. 1, 2000
People v. Martinez
Order
Criminal Law and Procedure Oct. 1, 2000
United States v. Philip Morris Inc.
Court dismisses all but two of U.S. Government's claims against 11 tobacco companies; Feds can proceed on two RICO claims.
Torts Oct. 1, 2000
Adler v. Duval City School Board
Order
Oct. 1, 2000