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U.S. v. Scrivner
Use of affidavit from civil forfeiture proceeding violates right against self-incrimination when used in criminal case.
Criminal Law and Procedure Jun. 14, 2000
U.S. v. Velez
Enhancement may not be imposed for abuse of position of trust if it is already included in the base offense level.
Criminal Law and Procedure Jun. 14, 2000
Herb Hallman Chevrolet Inc. v. Nash-Holmes
'Overcharging' of accessory suspects as principals in indictment, not sufficient to support claim of prosecutorial misconduct.
Civil Rights Jun. 14, 2000
Nunez v. Davis
Statement by court employee about judge's allegedly improper act is a matter of public concern and protected speech.
Government Jun. 14, 2000
Bankruptcy of Lowenschuss
Plan confirmation order is vacated based on error in determining that pension plan was not part of bankruptcy estate.
Bankruptcy Jun. 14, 2000
Investment Materials Corporation v. First Interstate Bank of Nevada (In re Nevada Equipment Wholesalers Inc.)
Plaintiff is entitled, and has sole claim, to proceeds held in trust account resulting from sale of specific inventory.
Bankruptcy Jun. 14, 2000
Bibeau v. Pacific Northwest Research Foundation Inc.
Order
Jun. 14, 2000
Bebensee-Wong v. Federal National Mortgage Ass'n
Relief from automatic stay appropriate when trustee's deed recorded within grace period provided by California Civil Code Section 2924h(c).
Bankruptcy Jun. 13, 2000
Hose v. INS
District courts lack jurisdiction to consider habeas petitions challenging exclusion orders.
Immigration Jun. 13, 2000
Charas v. Trans World Airlines, Inc.
Order
Jun. 13, 2000
Doe v. Madison School District No. 321
Policy allowing student speakers to address any subject, including religion, at graduation doesn't violate establishment clause.
Constitutional Law Jun. 13, 2000
Slack v. Wilshire Insurance Co.
Debt in Chapter 13 bankruptcy proceeding can be liquidated even though liability is disputed.
Bankruptcy Jun. 13, 2000
People v. Parker
Order for direct restitution isn't required where victim didn't testify as to how much, if any, money was taken from her.
Criminal Law and Procedure Jun. 13, 2000
Charas v. Trans World Airlines Inc.
Airlines Deregulation Act doesn't preempt airlines from personal injury liability caused by their tortious conduct.
Torts Jun. 13, 2000
Delange v. Dutra Construction Co. Inc.
Order
Jun. 13, 2000
U.S. v. Timbana
Plea colloquy with a defendant with low intelligence and physical impairment, is proper when defendant confirms prosecutor's evidence.
Criminal Law and Procedure Jun. 13, 2000
Sana v. Hawaiian Cruises Ltd.
Employee accident report created by employer's insurer is business record under Federal Rule of Evidence business record exception.
Maritime Law Jun. 13, 2000
Dorame v. Seh (In re Dorame)
Where notice of appeal is untimely, the court lacked jurisdiction to hear appeal.
Bankruptcy Jun. 12, 2000
National Environmental Waste Corp. v. Stephens, Berg & Lasaster (In re National Environmental Waste Corp.)
State statue of limitations is extended for corporation in reorganization when recovery of claim will substantially benefit estate.
Bankruptcy Jun. 12, 2000
Siegel v. Newman
Order
Jun. 12, 2000
National Environmental Waste Corp. v. Stephens, Berg & Lasaster
Order
Jun. 12, 2000
National Environmental Waste Corp. v. Stephens, Berg & Lasaster
Order
Jun. 12, 2000
Jackson v. Apfel
Order
Jun. 12, 2000
U.S. v. Castillo-Casiano
Failure to consider whether nature of defendant's underlying conviction warrants a downward departure constitutes judicial error.
Criminal Law and Procedure Jun. 12, 2000
Bins v. Exxon Company USA
Order
Jun. 12, 2000
Wood v. Divelbiss & Divelbiss (In re Wood)
Party has standing where she manifested her intent to appeal in the notice of appeal itself and subsequent submissions.
Bankruptcy Jun. 12, 2000
U.S. v. Castillo-Casiano
Failure to consider whether nature of defendant's underlying conviction warrants a downward departure constitutes judicial error.
Criminal Law and Procedure Jun. 12, 2000
Government of Guam v. United States
Guam isn't entitled to ownership or right to control public lands under either federal law or claim of aboriginal titles.
Real Property Jun. 12, 2000
Interstellar Starship Services Ltd. v. Epix Inc.
Summary judgment is improper when there is conflicting evidence regarding whether web-site address name infringed on another company's trademark.
Intellectual Property Jun. 12, 2000
Wallace v. Stewart
Failure to develop evidence during sentencing is ineffective assistance of counsel because mitigation evidence might be key in avoiding death penalty.
Criminal Law and Procedure Jun. 12, 2000