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Name Category Published
Whalem/Hunt v. Early
Prison officials' failure to provide copy of Antiterrorism and Effective Death Penalty Act doesn't prevent prisoner from filing habeas petition.
Criminal Law and Procedure May 5, 2000
Murphey v. Lanier
State court has exclusive jurisdiction over private cause of action created by Telephone Consumer Protection Act.
Business Law May 5, 2000
LaLonde v. County of Riverside
If jury is requested, case must proceed to trial where there exists material dispute as to officers' actions.
Civil Rights May 5, 2000
Aloha Pacific Inc. v. California Insurance Guarantee Ass.
California Insurance Guarantee Association may contest whether claim is within coverage of insurance policy issued by insolvent insurer.
Insurance May 5, 2000
U.S. v. Kubick
Real estate developer retains enhanced prison sentence for bankruptcy fraud and must pay full restitution regardless of ability to pay.
Criminal Law and Procedure May 5, 2000
U.S. v. Beardslee
Conviction for use of fire to commit mail fraud requires both the fire and fraud to have been completed.
Criminal Law and Procedure May 5, 2000
Prescott v. County of El Dorado
Order
May 5, 2000
Bains v. Cambra
When suspect voluntarily goes to police station, 'targeted' questioning in unlocked interview room isn't custodial interrogation that triggers Miranda requirements.
Criminal Law and Procedure May 5, 2000
Kumar v. INS
Changed conditions in Fiji rebuts presumption that Fijian seeking asylum in United States has well-founded fear of persecution.
Immigration May 5, 2000
Pal v. INS
Petition for asylum is properly denied where petitioner gives inconsistent testimony.
Immigration May 5, 2000
Humanitarian Law Project v. Reno
Congress may preclude certain foreign terrorist groups from receiving contributions of material support without violating First Amendment.
Constitutional Law May 5, 2000
Cordon-Garcia v. INS
INS may grant asylum when testimony clearly establishes that applicant was persecuted because of imputed political opinion.
Immigration May 5, 2000
U.S. v. Takahashi
Prosecution may introduce evidence that defendant and witness, who claims responsibility for crime, belong to gang whose members take blame for one another.
Criminal Law and Procedure May 5, 2000
Ada v. Government of Guam
Order
May 5, 2000
Baker v. City of Blaine
Defendant's Sixth Amendment rights are not violated when denied counsel at misdemeanor arraignment.
Criminal Law and Procedure May 5, 2000
LSO Ltd. v. Stroh
Officials of alcoholic beverage control agency aren't immune from lawsuit challenging officials' attempt to prevent erotic art exhibition on premises with liquor license.
Constitutional Law May 5, 2000
The Vons Companies Inc. v. United States Fire Insurance Co.
Insurance policy permits payment of self-insured retention amount through other valid and collectible insurance.
Insurance May 5, 2000
Bennett v. King
Order
May 5, 2000
Ip v. United States
Notice is required to obtain financial records of person with no tax liability and no legal relationship with person whom tax assessment was made.
Taxation May 5, 2000
In re Certain Abandoned Property
Insurer's failure to undertake operations in recovering cargo from wrecked vessel doesn't prove claim abandonment when technology was inadequate to raise cargo.
Maritime Law May 5, 2000
Grava v. INS
Political asylum may be granted to alien 'whistleblower' who exposes government corruption in his homeland during the course of his official duties.
Immigration May 5, 2000
U.S. v. Garcia
Police may search car trunk without warrant after occupants have been arrested for drug possession and car is impounded.
Criminal Law and Procedure May 5, 2000
Butler v. Superior Court (People)
Under Sexually Violent Predators Act, petition for recommitment must contain evaluations by two psychologists or psychiatrists.
Criminal Law and Procedure May 5, 2000
U.S. v. Miller
Court has jurisdiction to modify payment of defendant's fine when payment is condition of supervised release.
Criminal Law and Procedure May 5, 2000
U.S. v. Lopez-Soto
Fourth Amendment stop is not justified by officer's good faith but mistaken belief that defendant was violating law.
Criminal Law and Procedure May 5, 2000
U.S. v. Johnson
Court may not consider defendant's juvenile sentences in calculating present sentence where juvenile sentences were not served within five years of current offense.
Criminal Law and Procedure May 5, 2000
Caitlin B., a Minor
Interests of one parent do not inure to other parent.
Juveniles May 5, 2000
People v. Dozier
Minimum term of indeterminate life term for third strike offender should be 25 years to life.
Criminal Law and Procedure May 5, 2000
People v. Fountain
Prior juvenile adjudication for battery with serious bodily injury isn't an offense for three strike purposes.
Criminal Law and Procedure May 5, 2000
Channel Lumber Co. v. Porter Simon
When corporation retains and then sues outside counsel for malpractice, counsel is party of suit as independent contractor not agent of corporation.
Attorneys May 5, 2000