U.S. Supreme Court

N. Ins. Co. of New York (04/25/06 - No. 04–1618)

An entity that does not qualify as an "arm of the State" for Eleventh Amendment purposes cannot assert sovereign immunity as a defense to an admiralty suit.

http://laws.lp.findlaw.com/us/000/041618.html

Jones v. Flowers (04/26/06 - No. 04–1477)

For purposes of due process, when mailed notice of a tax sale is returned unclaimed, a state must take additional reasonable steps to attempt to provide notice to the property owner before selling his/her property, if it is practicable to do so.

http://laws.lp.findlaw.com/us/000/041477.html

Hartman v. Moore (04/26/06 - No. 04–1495)

A plaintiff in a retaliatory-prosecution action must plead and show the absence of probable cause for pressing the underlying criminal charges.

http://laws.lp.findlaw.com/us/000/041495.html

U.S. 3rd Circuit Court of Appeals

US v. Pennavaria (04/24/06 - No. 04-3556)

Sentence for money-laundering and conspiracy is vacated and remanded under a Booker analysis where the district court treated sentencing guidelines as mandatory, and where the potential for a higher sentence did not violate the ex post facto clause.

http://caselaw.lp.findlaw.com/data2/circs/3rd/043556p.pdf

Serv. Employees Int'l Union v. Municipality of Mt. Lebanon (04/28/06 - No. 04-4646)

A municipal ordinance requiring door-to-door canvassers who plan to "hand pamphlets or other written material" to residents or discuss with them "issues of public or religious interest" to first register with the police department violates the First and Fourteenth Amendments' guarantee that no state shall abridge the freedom of speech.

http://caselaw.lp.findlaw.com/data2/circs/3rd/044646p.pdf

Torisky v. Schweiker (04/28/06 - No. 05-1496)

The state does not owe the affirmative duties of care and protection under the Due Process Clause to those individuals who are free to leave state custody.

http://caselaw.lp.findlaw.com/data2/circs/3rd/051496p.pdf

U.S. 6th Circuit Court of Appeals

ACLU v. Mercer County, Kentucky (04/24/06 - No. 03-5142)

Petition for rehearing is denied, both en banc and by the original panel, in a case concerning the Establishment Clause where the issues raised in the petition were fully considered upon the original submission and decision.

http://caselaw.lp.findlaw.com/data2/circs/6th/035142p.pdf

U.S. 7th Circuit Court of Appeals

Chicago United Indus., Ltd. v. City of Chicago (04/25/06 - No. 05-4092)

Temporary restraining order is vacated, but the case as a whole is preserved, where: 1) the court has jurisdiction over the TRO since it was older than 20 days; 2) the TRO became moot after the City instituted new procedures and allowed plaintiff to bid on contracts; and 3) plaintiff's damage claims saved the rest of the case from mootness.

http://caselaw.lp.findlaw.com/data2/circs/7th/054092p.pdf

Marshall v. Knight (04/26/06 - No. 04-1062)

Denial of petition to amend complaint in a 42 U.S.C. 1983 case involving a prisoner's claim of denial of access to the courts is reversed where pro se litigants deserve leeway when amending complaints, and dismissal of the case is reversed where the prisoner's allegations met the lenient pleading standards for pro se litigants.

http://caselaw.lp.findlaw.com/data2/circs/7th/041062p.pdf

Evans v. City of Chicago (04/26/06 - No. 06-1253)

Denial of summary judgment for defendants in a suit involving police intimidation of a witness is affirmed where the plaintiff was not barred from arguing that the police forced a witness to lie simply because the same argument was denied without prejudice in a motion during the original criminal trial.

http://caselaw.lp.findlaw.com/data2/circs/7th/061253p.pdf

U.S. 8th Circuit Court of Appeals

US v. Rodriguez-Lopez (04/24/06 - No. 05-3139)

Denial of motion to suppress marijuana seized from defendant's vehicle is affirmed where the officer making a traffic stop had a reasonable belief that a traffic violation had occurred, regardless of whether there was such a violation.

http://caselaw.lp.findlaw.com/data2/circs/8th/053139p.pdf

Taylor v. Crawford (04/27/06 - No. 06-1397)

A judgment denying a claim brought under 42 U.S.C. section 1983 asserting that Missouri's lethal injunction protocol violates the Eighth Amendment is remanded to the district court for the limited purpose of conducting additional proceedings, with appellate jurisdiction retained.

http://caselaw.lp.findlaw.com/data2/circs/8th/061397p.pdf

U.S. 9th Circuit Court of Appeals

Valley Outdoor, Inc. v. City of Riverside (04/27/06 - No. 04-55029)

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

U.S. 10th Circuit Court of Appeals

US v. Teague (04/24/06 - No. 04-2071)

Conviction for making threats and conditions of supervised release are affirmed where: 1) condition restricting communications to the sentencing court without an attorney was valid since the right was waivable and the waiver occurred voluntarily and knowingly; and 2) there was no plain error in the instructions presented to the jury.

http://laws.lp.findlaw.com/10th/042071.html

Rooms v. Sec. & Exch. Comm'n (04/26/06 - No. 05-9531)

An SEC order upholding disciplinary action taken against petitioner by the National Association of Securities Dealers permanently barring him from the securities industry is affirmed over claims: 1) that the SEC abused its discretion by upholding the bar despite failing to find that he violated a particular procedural rule; 2) of a related due process violation; and 3) that the permanent bar was unjustified.

http://laws.lp.findlaw.com/10th/059531.html

U.S. 11th Circuit Court of Appeals

US v. Underwood (04/25/06 - No. 04-15750)

Conviction and sentence for possession of cocaine with intent to distribute is affirmed where: 1) the defendant's substantial rights were not affected by the court's Booker error; 2) there was no Apprendi error since defendant was sentenced to below the statutory maximum; and 3) co-conspirator statements were neither hearsay nor testimonial evidence.

http://caselaw.lp.findlaw.com/data2/circs/11th/0415750p.pdf

US v. Ingram (04/25/06 - No. 05-10866)

Conviction for false statement during firearm purchase is reversed and remanded with instructions to dismiss where a two year delay between indictment and trial deprived defendant of his Sixth Amendment right to a speedy trial.

http://caselaw.lp.findlaw.com/data2/circs/11th/0510866p.pdf

Bauknight v. Monroe County, Florida (04/25/06 - No. 05-10868)

Denial of attorney's fees after appellee's removal of action to federal court is affirmed where the removal was objectively reasonable and no other circumstances warrant the award of attorney's fees.

http://caselaw.lp.findlaw.com/data2/circs/11th/0510868p.pdf

US v. Thomas (04/26/06 - No. 05-14151)

Guilty plea to conspiracy to obstruct, delay, and affect commerce by robbery, and sentence is affirmed over claims that: 1) the court violated ex post facto and due process clauses by using a retroactive application of Booker; 2) the court violated the Fifth Amendment's Indictment Clause and Booker, by enhancing the offense level based on facts not in the indictment, found by a jury, or admitted; and 3) the 121-month sentence was not reasonable.

http://caselaw.lp.findlaw.com/data2/circs/11th/0514151p.pdf

BankWest, Inc. v. Baker (04/28/06 - No. 04-12420)

Appeal of 2004 order denying plaintiffs' motions for a preliminary injunction, against a Georgia law involving payday loans, is dismissed as moot over claims that the appeal is not moot because plaintiffs intend to develop a new consumer loan program, and the presence of the Act interferes with their ability to develop new loan products.

http://caselaw.lp.findlaw.com/data2/circs/11th/0412420p.pdf

U.S. District of Columbia Circuit Court of Appeals

Doe v. Metro. Police Dep't of the Dist. of Columbia (04/25/06 - No. 04-7114)

Dismissal of 42 U.S.C. section 1983 claims and tort claims arising from the allegedly wrongful arrests of plaintiffs for underage possession and/or consumption of alcoholic beverages is reversed in part where four plaintiffs were arrested for a civil offense, and thus, their claims stated a cause of action under the Fourth Amendment.

http://caselaw.lp.findlaw.com/data2/circs/dc/047114a.pdf

Supreme Court of California

Morning Star Co. v. State Bd. of Equalization (04/24/06 - No. S123481)

Summary judgment for defendant agencies in a case involving hazardous material fees imposed on corporations is reversed where: 1) the agencies' actions amounted to a regulation under the APA; and 2) the agencies' interpretation of statutory language was reasonable, but not the only legally tenable interpretation of a provision of law.

http://caselaw.findlaw.com/data2/californiastatecases/s123481.doc

http://caselaw.lp.findlaw.com/data2/californiastatecases/s123481.pdf

California Appellate Districts

In re Vanessa M. (04/25/06 - No. A109479)

Order declaring a minor child a dependent of the court and removing her from her father's custody is reversed where an evidence sanction barring testimony from the child's father after his repeated absence and tardiness violated the father's due process rights.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/a109479a.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/a109479a.pdf

Syngenta Crop Protection, Inc. v. Helliker (04/25/06 - No. B175450)

Judgment in an agency action surrounding pesticide registration is affirmed where a declaratory judgment correctly construed the statute and where plaintiffs could not show equal protection violation, but reversed where: 1) there were triable issues of fact; 2) the agency violated the APA and internal regulations; and 3) the sustaining of demurrers to a writ of mandate was in error.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/b175450a.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/b175450a.pdf

People v. Thimmes (04/26/06 - No. H028897)

Plea of no contest to drug-related charges, admission to a prior strike conviction, and resulting sentence is reversed where defendant received ineffective assistance of counsel because the trial court denied his Romero motion based upon a mistake of law to which his counsel failed to object.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/h028897.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/h028897.pdf

ARP Pharmacy Servs., Inc. v. Gallagher Bassett Servs., Inc. (04/27/06 - No. B179537A)

Defendants' SLAPP motion and court's award of attorney fees are affirmed as Civil Code section 2527, requiring drug claims processors to report to third party insurers the average fees pharmacies charge for dispensing pharmaceutical drugs to private customers, violates the free speech rights of prescription drug claims processors.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/b179537a.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/b179537a.pdf

People v. Pilster (04/27/06 - No. G035130)

Conviction of assault with deadly weapon is affirmed over claim that the trial court erred in denying request to instruct jury they could consider prearrest statements only on the issue of credibility, where interviewing police officer failed to provide Miranda warnings and defendant was handcuffed during interview.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/g035130.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/g035130.pdf

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