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U.S. v. Livingston
Former manager of Indian resort is properly convicted for using resort credit card to make personal purchases, regardless of establishment’s location.
Native American Affairs Aug. 8, 2013
Lemire v. California Dept. of Corrections and Rehabilitation
Prison officials at California State Prison-Solano may be liable for inmate's suicide by convening staff meeting that left inmates unsupervised for more than three hours.
Prisoners Rights Aug. 8, 2013
Ching v. Mayorkas
Citizen and alien spouse are denied due process because they were not allowed to cross-examine spouse's first husband, who claimed marriage was a sham.
Immigration Aug. 8, 2013
Seltzer v. Green Day Inc.
Green Day's use of street art drawing in video backdrop for one song in its stage show is a 'fair use' under copyright law.
Intellectual Property Aug. 8, 2013
Moore v. Biter
Juvenile successfully challenges 254-year sentence for nonhomicide crimes, which effectively denied him parole, due to U.S. Supreme Court decision.
Juveniles Aug. 8, 2013
Ellis v. Toshiba America Information Systems Inc.
Attorney who requested exorbitant fees after settling class action and refused to cooperate with court-ordered discovery must pay monetary sanctions.
Civil Procedure Aug. 8, 2013
Mission Springs Water District v. Verjil (Brophy)
Water district may sue proponents of initiatives, which would undo district's water and sewer rate increases, in order to keep initiatives off ballot.
Government Aug. 8, 2013
Albanese v. Menounos
Television personality fails to dismiss celebrity stylist’s defamation action based on statements accusing stylist of stealing in front of their peers.
Torts Aug. 8, 2013
Sully v. Ayers
Ex-police officer who brutally murdered six people may not be granted relief from death sentence because ineffective assistance claims would not have changed his sentence.
Criminal Law and Procedure Aug. 7, 2013
Perry v. Brown
Order
Aug. 7, 2013
U.S. v. Underwood
Suspected member of ecstasy drug trafficking organization successfully challenges search of his house because affidavit did not provide basis for probable cause.
Criminal Law and Procedure Aug. 7, 2013
K.M. v. Tustin Unified School District
School districts may be required to provide word-for-word transcription services for students with hearing disabilities under Americans with Disabilities Act.
Education Aug. 7, 2013
Shoemaker v. Taylor
Website owner may be convicted of possessing child pornography based on innocuous images of children, digitally altered to look like child pornography.
Criminal Law and Procedure Aug. 7, 2013
Ketchikan Drywall Services Inc. v. Immigration and Customs Enforcement
Partial completion of Employment Eligibility Verification Forms fails to comply with obligation to verify that employees are legally authorized to work in U.S.
Immigration Aug. 7, 2013
U.S. v. Alexander
Deliveryman who stole mail to create counterfeit checks may be convicted of aggravated identity theft because names and numbers on check were 'means of identification.'
Criminal Law and Procedure Aug. 7, 2013
U.S. v. Gomez
Post-arrest statement may be used to rebut defendant's claim of innocence regarding presence of substantial amount of methamphetamine inside car trunk.
Criminal Law and Procedure Aug. 7, 2013
Al Ramahi v. Holder
Married couple from Jordan may not seek asylum over 15 months after entering U.S. by asserting they had difficulty retaining counsel and received deficient legal advice.
Immigration Aug. 7, 2013
People v. Mason
Court’s failure to instruct jury that prior spousal rape conviction had to involve force or violence causes reversal of conviction for failure to register as sex offender.
Criminal Law and Procedure Aug. 7, 2013
Dreyer’s Grand Ice Cream Inc. v. County of Kern
Dreyer’s Ice Cream may not claim that lack of demand entitles it to tax reduction in relation to equipment that produces line of novelty ice cream.
Taxation Aug. 7, 2013
People v. Petronella
Business owner who underreported payroll for several years to receive lower insurance premiums is convicted of violating Insurance Code.
Criminal Law and Procedure Aug. 7, 2013
People v. Moreno
Defendant may not serve his sentence in county jail under Criminal Justice Realignment Act because his sentence was imposed prior to its enactment.
Criminal Law and Procedure Aug. 7, 2013
Brown v. Plata
Order
Aug. 6, 2013
Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (Los Angeles County Metropolitan Transportation Authority)
Expo Authority mistakenly considers future conditions in assessing environmental impacts of light-rail line to Santa Monica, but rejection of report is unnecessary.
Environmental Law Aug. 6, 2013
Western States Petroleum Association v. Board of Equalization
Board of Equalization’s new regulation that assesses petroleum refinery property as one unit, including land, improvements, and fixtures, is invalid.
Taxation Aug. 6, 2013
Saesee v. McDonald
Defense attorney's expression of hope that witness might appear in order to corroborate alibi does not render his assistance constitutionally ineffective.
Criminal Law and Procedure Aug. 6, 2013
Lagstein v. Certain Underwriters at Lloyd's of London
Doctor who prevailed in arbitration dispute with insurers is entitled to post-award, pre-judgment interest because Nevada law allows such recovery.
Civil Procedure Aug. 6, 2013
People v. Barao
Trial court properly refuses to approve proposed plea bargain to reduce sentence by more than 30 years in case involving murder, firearm use and robbery.
Criminal Law and Procedure Aug. 6, 2013
BNSF Railway Co. v. PUC (City of San Clemente)
PUC may not order railroads to stop using locomotive-mounted horns at specific pedestrian rail crossings in City of San Clemente.
Administrative Agencies Aug. 6, 2013
People v. Denman
Defendant who recorded false quitclaim deeds that transferred nine properties he did not own to himself is properly convicted for filing false documents.
Criminal Law and Procedure Aug. 6, 2013
In re Thomas
Defendant who fatally shot his neighbor over parking dispute successfully overturns second degree murder conviction due to instructional error.
Criminal Law and Procedure Aug. 5, 2013