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Name Category Published
Trunk v. City of San Diego
Order
Oct. 16, 2011
U.S. v. Carper
Night-vision devices do not qualify as ‘non-fully automatic small arms’ for purposes of calculating sentence of defendant convicted of illegal exportation.
Criminal Law and Procedure Oct. 16, 2011
People v. Williams
Motion to withdraw plea is untimely where motion was filed after court sentenced defendant to prison, and suspended sentence pending completion of probation.
Criminal Law and Procedure Oct. 16, 2011
People v. Espiritu
Trial court errs in ordering further deliberations after jury returned ‘not true’ verdict regarding allegation court determined to be inconsistent with other jury findings.
Criminal Law and Procedure Oct. 16, 2011
J.S., a Minor
Juvenile court errs in denying motion to dismiss dependency based on minor's emancipation following marriage, which her mother consented to.
Juveniles Oct. 16, 2011
People v. Lopez
Special instruction on imminent danger does not foreclose application of imperfect self-defense where there is no likelihood of confusion over meaning of imminence.
Criminal Law and Procedure Oct. 16, 2011
Reed (Melvin R.) on Habeas Corpus
Order
Oct. 14, 2011
Hauer v. Superior Court (People)
Order
Oct. 14, 2011
Youngblood v. Superior Court (People)
Order
Oct. 14, 2011
People v. Williams
Order
Oct. 14, 2011
People v. Carbajal
Order
Oct. 14, 2011
State of California v. West Bay Builders
Order
Oct. 14, 2011
U.S. v. LaBuff
Government proves defendant’s Indian status beyond reasonable doubt by showing that defendant received benefits that were reserved only to Indians.
Native American Affairs Oct. 13, 2011
Montana Consumer Counsel v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission’s market-based rate policy does not violate Federal Power Act in determining reasonable rates for power wholesalers.
Administrative Agencies Oct. 13, 2011
U.S. v. Urena
Refusal to instruct on self-defense is proper where defendant claimed that use of derogatory word was serious threat, which made him feel that he was in danger.
Criminal Law and Procedure Oct. 13, 2011
U.S. v. Reyes
Allegations of prosecutorial misconduct are insufficient to vacate CEO's securities fraud conviction because evidence showing personal profits from granting of stock options was not false.
Criminal Law and Procedure Oct. 13, 2011
U.S. v. McEnry
Court errs in using personal conduct, instead of offense’s elements, in choosing analogous sentencing guideline for defendant convicted of serving as airman without certificate.
Criminal Law and Procedure Oct. 13, 2011
Ochoa v. Superior Court (Glasgow)
In proceeding challenging denial of parole, court abuses discretion by ordering disclosure of or nonreliance on confidential information from prison informants.
Criminal Law and Procedure Oct. 13, 2011
Russell Country Sportsmen v. U.S. Forest Service
Montana Wilderness Study Act of 1977 does not prohibit U.S. Forest Service from enhancing wilderness character of study area to preserve character against decline.
Environmental Law Oct. 12, 2011
James v. Schriro
Counsel’s failure to investigate and present mitigating evidence of defendant’s life history, mental incapacity, and substance abuse constitutes deficient performance.
Criminal Law and Procedure Oct. 12, 2011
People v. Valenzuela
Trial court does not have duty to give instruction on imperfect self-defense because defendant’s fear of harm from gang members was not unreasonable.
Criminal Law and Procedure Oct. 12, 2011
Nicholas Laboratories LLC v. Chen
Employer is not required to indemnify former employee for attorney fees incurred by employee during successful defense of action brought by employer.
Employment Law Oct. 12, 2011
People v. Davis
Reports prepared by nontestifying physicians are not 'testimonial' out-of-court statements and as such, they are admissible under Sixth Amendment.
Criminal Law and Procedure Oct. 12, 2011
Blueford v. Arkansas
Order
Oct. 11, 2011
Freeman v. Quicken Loans, Inc.
Order
Oct. 11, 2011
Johnson v. Obama
Order
Oct. 11, 2011
Replogle v. United States
Order
Oct. 11, 2011
Meza-Vallejos v. Holder
Petitioner may file motion affecting request for voluntary departure on first business day following voluntary departure period where expiration date fell on Saturday.
Immigration Oct. 11, 2011
Ross v. California Coastal Commission (Malibu Bay Co.)
Five-foot buffer for dune environmentally sensitive habitat area adjacent to beachfront development does not conflict with city’s development standards.
Environmental Law Oct. 11, 2011
Western Heritage Insurance Co. v. Superior Court (Parks)
As intervener, insurer has right to assert all defenses that otherwise would be available to insured parties whether as to liability or damages.
Insurance Oct. 11, 2011