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Smith v. Stewart
Failure to present available mitigating evidence during penalty phase is prejudicially ineffective assistance of counsel. 		Criminal Law and Procedure Jun. 3, 1999
Bankruptcy of Parker
Chapter 7 debtor wanting to retain secured property isn't limited to debt reaffirmation or redemption. 		Bankruptcy Jun. 3, 1999
Pennsylvania Board of Probation and Parole v. Scott
Exclusionary rule doesn't apply to parole revocation hearings. 		Criminal Law and Procedure Jun. 3, 1999
Air Line Pilots Association v. Miller
Agency fee objectors who haven't agreed to arbitration needn't exhaust arbitral remedy before suing union. 		Labor Law Jun. 3, 1999
Mahon v. Credit Bureau of Placer County Inc.
Although Fair Debt Collection Practices Act requires that notice of debt validation be sent to debtor, evidence of actual receipt isn't necessary. 		Business Law Jun. 3, 1999
U.S. v. Real Property Located at 25445 Via Dona Christa, Valencia, California
Prolonged and continuous drug dealing from family home can be sufficient to justify its forfeiture. 		Civil Procedure Jun. 3, 1999
U.S. v. Doe
Under special circumstances, failure to notify parents of juvenile's miranda rights while in custody constitutes 'harmless error.' 		Criminal Law and Procedure Jun. 3, 1999
Zimmerman v. State of Oregon Department of Justice
Public service provision of the Americans with Disabilities Act doesn't apply to employment discrimination. 		Employment Law Jun. 3, 1999
Vardanega v. Internal Revenue Service
Entire real property can be redeemed at foreclosure sale if internal revenue service has lien on it. 		Taxation Jun. 3, 1999
Nautilus Marine Inc. v. Niemela
Under Robins Dry Dock rule, maritime plaintiff may not recover economic loss as a result of damage to a third party. 		Maritime Law Jun. 3, 1999
Leisnoi Inc. v. United States of America
Where Government conveys land to Native village corporation, district court lacks initial subject matter jurisdiction to hear quiet title action. 		Real Property Jun. 3, 1999
Bankruptcy of DAK Industries Inc.
Finding that pre-conversion Chapter 11 debtor was not insolvent as a going concern is appropriate in preference action. 		Bankruptcy Jun. 3, 1999
Vongsakdy v. Immigration and Naturalization Service
Demonstration that alien suffered atrocious forms of persecution due to political opinion merits asylum for humanitarian reasons. 		Immigration Jun. 3, 1999
Henry v. Commissioner of Internal Revenue
Taxpayers aren't subject to statutory addition to tax deficiency since they relied on accountant's treatment of stock option proceeds. 		Taxation Jun. 3, 1999
Lafarga v. INS
Alien convicted of the equivalent of a misdemeanor is entitled to voluntary departure within the petty offense exception. 		Immigration Jun. 3, 1999
Louis v. Commissioner of Internal Revenue
Imposing additional tax on individual convicted of tax fraud doesn't violate double jeopardy. 		Taxation Jun. 3, 1999
United States v. Lockheed Missiles & Space Co. Inc.
Under False Claims Act, Strategic Lawsuit Against Public Participation statute applies to counterclaims against plaintiff in qui tam action. 		Government Jun. 3, 1999
Augustine v. Superior Court (People)
Trial court can order destruction of exhibits pursuant to statute over objections of defendants. 		Criminal Law and Procedure Jun. 3, 1999
Hoonah Indian Association v. Morrison
Alaska National Interest Lands Conservation Act permits clearcutting in national forests despite affecting Alaskan native tribes' subsistence uses. 		Environmental Law Jun. 3, 1999
Rich v. Calderon
Habeas relief isn't proper where defendant failed to challenge indictment and impartiality of jury after change of venue. 		Criminal Law and Procedure Jun. 3, 1999
U.S. v. Jose Lombera-Camorlinga
Alien must show 'prejudice' by custom agent's failure to inform him of his right to contact his consular after arrest under Vienna Convention on Consular Relations Treaty. 		Criminal Law and Procedure Jun. 3, 1999
U.S. v. Rodriguez-Lopez
Enhancements for a 'criminal conviction' under U.S. Sentencing Guidelines include prior felony immigration convictions. 		Criminal Law and Procedure Jun. 3, 1999
Langer v. Redevelopment Agency of the City of Santa Cruz
Government agency isn't liable for inverse condemnation where it did not take properties by actual condemnation or its substantial equivalent. 		Real Property Jun. 3, 1999
American Association of Cosmetology Schools v. Riley
Educational institution can't receive declaratory relief from loan decisions made by Secretary of Education if request is equivalent to injunctive relief. 		Education Jun. 3, 1999
Bankruptcy of Leavitt
Dismissal of petition with prejudice is justified when chapter 13 debtor hides asset and overstates expenses. 		Bankruptcy Jun. 3, 1999
Molina v. INS
Asylum petitioner's evidence of credible and uncontradicted death threats is sufficient to establish past persecution. 		Immigration Jun. 3, 1999
Lafarga v. INS
Alien convicted of equivalent of misdemeanor is entitled to voluntary departure within the petty offense exception. 		Immigration Jun. 3, 1999
Turlock Irrigation District v. Hetrick
Irrigation district isn't authorized under state constitution or statute to provide natural gas service. 		Government Jun. 3, 1999
Kyle v. Carmon
Order striking complaint after voluntary dismissal of strategic lawsuit against public participation doesn't preclude simultaneous award of attorney's fees. 		Civil Procedure Jun. 3, 1999
People v. Chicanti
Unmarked police car's activated light and siren can be substantial evidence of distinctive marking for charge of evading police officer. 		Criminal Law and Procedure Jun. 3, 1999
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