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Name Category Published
Byrd v. Maricopa County Sheriff’s Dept.
Cross-gender strip search of detainees' genital area is unconstitutional absent emergency prompting search. 		Constitutional Law Jan. 5, 2011
People v. Cua
Defendant’s failure to object to DNA evidence at trial does not preserve issue on appeal and court has no duty exclude evidence sua sponte. 		Criminal Law and Procedure Jan. 4, 2011
U.S. v. Harris
Defendant's appeal is dismissed based on waiver in plea agreement, despite withdrawal of stipulation that prior conviction was for 'crime of violence.' 		Criminal Law and Procedure Jan. 4, 2011
Hamilton v. Brown
Compulsory blood sample taken from prisoner for DNA analysis does not violate Fourth Amendment. 		Prisoners Rights Jan. 4, 2011
Rosas-Castaneda v. Holder
Denial of petition for cancellation of removal is erroneous since record of conviction was inconclusive as to whether conviction was for aggravated felony. 		Immigration Jan. 4, 2011
Enyart v. National Conference of Bar Examiners Inc.
National Conference of Bar Examiners must allow legally blind law student to take Multistate Bar Exam using laptop equipped with assistive technology software. 		Civil Rights Jan. 4, 2011
U.S. v. Liquidators of European Federal Credit Bank In Liquidation
Government’s failure to assert civil forfeiture proceeding on asset subject to criminal forfeiture proceeding is subject to res judicata with respect to same asset. 		Criminal Law and Procedure Jan. 4, 2011
Fier v. Unum Life Insurance Co. of America
Claimant is not entitled to benefits under Accidental Death and Dismemberment Policy maintained under ERISA where he did not suffer physical detachment of limbs. 		Insurance Jan. 4, 2011
UMG Recordings Inc. v. Augusto
Unsolicited distribution of copyrighted CDs without restrictions on disposal or use does not create licensing agreement, and is subject to first sale doctrine. 		Intellectual Property Jan. 4, 2011
Hooper v. County of San Diego
Excessive force claim based on resisting arrest conviction is not barred where officer uses unreasonable force in addition to reasonable force in detaining plaintiff. 		Torts Jan. 4, 2011
U.S. v. Montes
Failure to hold evidentiary hearing upon allegation of jury misconduct does not prejudice defendant where overwhelming evidence supports verdict. 		Criminal Law and Procedure Jan. 4, 2011
Teclezghi v. Holder
Order 		Jan. 4, 2011
Marriage of Goodman and Gruen
Trial court does not have jurisdiction to retroactively modify temporary spousal support order where party fails to appeal order once operative. 		Family Law Jan. 4, 2011
MKJA Inc. v. 123 Fit Franchising LLC
Court may not lift stay of action pursuant to order to compel arbitration based on party’s inability to afford cost of arbitration. 		Civil Procedure Jan. 4, 2011
People v. Ochoa
Ruling at probation revocation hearing based on evidence from first trial does not bar second trial under doctrine of collateral estoppel. 		Criminal Law and Procedure Jan. 4, 2011
Spielman v. Ex’pression Center for New Media
Elements of common law misrepresentation are not included in action alleging that postsecondary educational institution made misleading statements. 		Education Jan. 3, 2011
Lawson v. Safeway Inc.
Driver of large commercial truck has duty to park truck where it does not create unreasonable risk of harm to passing motorists. 		Torts Jan. 3, 2011
Mammoth Lakes Land Acquisition LLC v. Town of Mammoth Lakes
No administrative remedy exists after plaintiff gives defendant notice of default and no proposed land use existed to adjudicate through administrative process. 		Administrative Agencies Jan. 3, 2011
People v. James
Evidence of prior acts of domestic violence is admissible in prosecution for burglary where defendant’s actions involved domestic violence. 		Criminal Law and Procedure Jan. 3, 2011
U.S. v. Anaya-Acosta
Issuance of departure control order does not modify immigration status for purposes of conviction for being illegal alien in possession of firearm. 		Criminal Law and Procedure Jan. 3, 2011
U.S. v. Contreras-Hernandez
Defendant’s increased sentence is justified because solicitation for murder of his wife constituted ‘crime of violence’ for purposes of sentencing guidelines. 		Criminal Law and Procedure Jan. 3, 2011
Albano v. Shea Homes Limited Partnership
Order 		Jan. 3, 2011
Taylor v. Sisto
Order 		Jan. 3, 2011
U.S. v. Chaudhry
Court lacks jurisdiction over government’s appeal of order temporarily refusing to impose sentence on incompetent defendant. 		Criminal Law and Procedure Jan. 3, 2011
Rizk v. Holder
Immigration judge’s adverse credibility determination is supported by petitioner’s inconsistent testimony and lack of evidence to show he was being persecuted. 		Immigration Jan. 3, 2011
In Re Withers
Court erroneously dismisses 28 U.S.C. Section 2255 motion without considering merits of right to public trial and ineffective assistance of counsel claims. 		Criminal Law and Procedure Jan. 3, 2011
People v. Diaz
Warrantless search of defendant’s cell phone found on his person at time of arrest is valid under Fourth Amendment. 		Criminal Law and Procedure Jan. 3, 2011
Riverisland Cold Storage Inc. v. Fresno-Madera Production Credit Association
Extrinsic evidence of defendant’s misrepresentations to show agreement was induced by fraud is admissible under exception to parol evidence rule. 		Contracts Jan. 3, 2011
People v. Martin
Probation conditions based on dismissed domestic violence charge under plea bargain are properly imposed after defendant expressly consented to conditions. 		Criminal Law and Procedure Jan. 2, 2011
People v. James
Evidence of prior acts of domestic violence is admissible in prosecution for burglary where defendant’s actions involved domestic violence. 		Criminal Law and Procedure Jan. 2, 2011
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