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Name Category Published
People v. Estrada
Order 		Sep. 16, 2011
Sierra Club v. Superior Court (County of Orange)
Order 		Sep. 16, 2011
Samueli v. Commissioner of Internal Revenue
Purported securities loan with potential term of 450 days, which was entered into for tax avoidance purposes, does not qualify for nonrecognition treatment. 		Taxation Sep. 16, 2011
Nichols v. Dancer
Public employer may not interfere with employee’s First Amendment rights absent evidence that employee’s conduct caused or may reasonably cause future workplace disruption. 		Civil Rights Sep. 16, 2011
Chan v. Judicial Council of California
Court interpreters do not possess property interests in continued employment beyond terms imposed by statute to support due process claim. 		Constitutional Law Sep. 16, 2011
Bailey v. Safeway Inc.
Manufacturer of defective product and assignee cannot seek equitable indemnity against non-negligent retailer, whose fault rested solely on strict product liability theory. 		Torts Sep. 16, 2011
People v. Gonzales
Active gang participant may be liable for gang offenses even if he acts alone, without assistance or participation of other gang members. 		Criminal Law and Procedure Sep. 16, 2011
California Franchise Tax Board v. Kendall (In re Jones)
Tax debt arising more than three years prior to Chapter 7 filing is not excepted from discharge due to prior bankruptcy filing. 		Bankruptcy Sep. 15, 2011
U.S. v. Ruiz-Apolonio
Rape is categorically 'crime of violence' under federal definition of forcible sex offense because it criminalizes intercourse accomplished without consent, thus warranting enhancement. 		Criminal Law and Procedure Sep. 15, 2011
U.S. v. Ayala-Nicanor
Conviction for willful infliction of corporal injury is categorical ‘crime of violence,’ which justifies sentence enhancement. 		Criminal Law and Procedure Sep. 15, 2011
U.S. v. Tafoya-Montelongo
State’s definition of child abuse categorically qualifies as crime of violence under federal definition of child abuse, warranting sentence enhancement. 		Criminal Law and Procedure Sep. 15, 2011
Trigueros v. Adams
California Supreme Court decision finding state habeas petition timely tolls statute of limitations under Antiterrorism and Effective Death Penalty Act. 		Criminal Law and Procedure Sep. 15, 2011
U.S. v. Martinez
Records maintained by local police department in murder investigation, which related to prosecution of RICO case, are exempt from discovery. 		Criminal Law and Procedure Sep. 15, 2011
Habibi v. Holder
For purposes of determining alien's status as aggravated felon, 365-day sentence qualifies as one-year term of imprisonment even if sentence was served during leap year. 		Immigration Sep. 15, 2011
People v. Morrison
Rebuttal testimony contradicting defendant’s claims made on direct examination is admissible as relevant to defendant’s credibility. 		Criminal Law and Procedure Sep. 15, 2011
People v. Gray
Court has sua sponte duty to instruct jury on offense of battery as lesser included offense of engaging in lewd acts upon child under 14. 		Criminal Law and Procedure Sep. 15, 2011
People v. Orozco
Court may impose fee for probation report in all cases, regardless of whether defendant is granted probation or sentenced to prison. 		Criminal Law and Procedure Sep. 15, 2011
People v. Landau
Dept. of Mental Health must authorize petition for unconditional release by sexually violent predator after report concluded that he no longer qualified as such. 		Criminal Law and Procedure Sep. 14, 2011
Reina-Rodriguez v. U.S.
Appellate decision limiting definition of ‘burglary’ under Armed Career Criminal Act applies retroactively. 		Criminal Law and Procedure Sep. 14, 2011
Rossum v. Patrick
Intervening Supreme Court decision in 'Harrington v. Richter,' which controls issue on rehearing, prompts court to affirm initial denial of defendant’s habeas petition. 		Criminal Law and Procedure Sep. 14, 2011
U.S. v. Alvarez-Moreno
District court may not order new trial for defendant, who never properly waived his right to jury trial, in absence of motion for new trial by defendant. 		Criminal Law and Procedure Sep. 14, 2011
Potrero Hills Landfill Inc. v. County of Solano
Court may not abstain from its duty to adjudicate federal claim where private mandamus action did not interfere with basic state function. 		Civil Procedure Sep. 14, 2011
E.T. v. Cantil-Sakauye
Federal court properly abstains from adjudicating foster childrens' claim regarding adequacy of attorney representation in dependency proceedings. 		Civil Procedure Sep. 14, 2011
Moore v. Maricopa County Sheriff’s Office
Prisoner’s claims, which were dismissed for lack of subject-matter jurisdiction, do not qualify as ‘strikes’ prohibiting prisoner from obtaining in forma pauperis status. 		Prisoners Rights Sep. 14, 2011
Johnson v. Poway Unified School District
School district does not violate teacher’s First Amendment rights when ordering him to refrain from religious speech during math class. 		Constitutional Law Sep. 14, 2011
Local Joint Executive Board of Las Vegas v. NLRB
Employers violate National Labor Relations Act by unilaterally ceasing to submit dues deducted from workers' wages to union, before bargaining to impasse. 		Labor Law Sep. 14, 2011
Madera Oversight Coalition Inc. v. City of Madera (Tesoro Viejo Inc.)
Environmental impact report that fails to discuss crucial information related to uncertainty of water supply for project is inadequate under California Environmental Quality Act. 		Environmental Law Sep. 14, 2011
Maria D., a Minor
Incitement of riot statute does not constitute special statute applicable to conduct amounting to attempted lynching offense. 		Juveniles Sep. 14, 2011
People v. Burns
Court errs in instructing jury in second trial that defendant committed aggravated trespassing, thus invoking collateral estoppel against defendant. 		Criminal Law and Procedure Sep. 14, 2011
Calvo v. HSBC Bank USA N.A.
Requirement that assignment of beneficial interest in debt secured by real property must be recorded for assignee to exercise power of sale does not apply to deed of trust. 		Real Property Sep. 14, 2011
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