CIVIL RIGHTS, CONSTITUTIONAL LAW, EVIDENCE, GOVERNMENT LAW

• Valley Outdoor, Inc. v. City of Riverside

CRIMINAL LAW & PROCEDURE, EVIDENCE, HABEAS CORPUS

• Jensen v. Pliler

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, SENTENCING

• Davis v. Woodford

CIVIL RIGHTS, CONSTITUTIONAL LAW, EVIDENCE, GOVERNMENT LAW

Valley Outdoor, Inc. v. City of Riverside, No. 04-55029 (9th Cir. April 27, 2006)

Judgment as a matter of law for defendant-city on a challenge to its municipal billboard ordinance is reversed in part where, although plaintiff lacked standing to challenge the substantive provisions of the ordinances, the district court erred in: 1) finding plaintiff lacked standing to assert claims related to the city's conduct in refusing to process the late-filed permit applications; 2) granting an in limine motion; and 3) granting the motion for judgment as a matter of law.

http://caselaw.lp.findlaw.com/data2/circs/9th/0455029p.pdf

CRIMINAL LAW & PROCEDURE, EVIDENCE, HABEAS CORPUS

Jensen v. Pliler, No. 04-55840 (9th Cir. April 27, 2006)

Denial of a habeas corpus petition challenging a conviction for first degree murder and conspiracy to commit murder is affirmed where an unavailable declarant's statements to his attorney were not "testimonial" under Crawford, and were properly admitted into evidence at defendant's trial. (Amended)

http://caselaw.lp.findlaw.com/data2/circs/9th/0455840p.pdf

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, SENTENCING

Davis v. Woodford, No. 05-55164 (9th Cir. April 27, 2006)

A petition for a writ of habeas corpus from a sentence for being a felon in possession of a firearm and evading a peace officer is granted pursuant to a claim that the use of one of defendant's convictions as eight separate "strikes" for purposes of California’s Three Strikes Law breached a plea agreement.

http://caselaw.lp.findlaw.com/data2/circs/9th/0555164p.pdf

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