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U.S. 1st Circuit Court of Appeals
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UNITED PARCEL SERV. v. FLORES-GALARZA (09/16/04 - No. 03-1990 )
In an action seeking clarity on the scope of an injunction, the
district court's finding that a Puerto Rico provision, requiring air
carriers to pay an annual fee of $2000, is preempted by federal law is
reversed where federal courts are not empowered to enjoin such a fee.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/1st/031990.html

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U.S. 3rd Circuit Court of Appeals
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US v. RIVERA (09/14/04 - No. 03-1658)
In a case where a District Judge prematurely declared a mistrial over a
defense objection, the declaration of a mistrial was not manifestly
necessary and, as such, the Double Jeopardy Clause bars reprosecution.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/3rd/031658p.pdf

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U.S. 5th Circuit Court of Appeals
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MCCORVEY v. HILL (09/14/04 - No. 03-10711)
Plaintiff's rule 60(b) motion for relief from judgment, in which she
sought to have the district court revisit the Supreme Court's decision
in Roe v. Wade, 410 U.S. 113 (1973), is dismissed where the case is now
moot.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/5th/0310711p.pdf

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U.S. 6th Circuit Court of Appeals
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CHIRCO v. MOCERI (09/14/04 - No. 03-1126)
In a dispute where the district court has yet to rule on plaintiff's
main injunction for copyright infringement of condominium design,
plaintiff's simultaneous filing for a "Notice of Lis Pendens" is
dismissed as moot.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/6th/04a0313p.html

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U.S. 7th Circuit Court of Appeals
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RUSSELL v. RICHARDS (09/16/04 - No. 03-3600)
Defendant-jail's policy of directing incoming inmates to use a
delousing shampoo does not violate their Fourteenth Amendment due
process right to be free from unwanted medical treatment.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/033600p.pdf

CRULL v. SUNDERMAN (09/17/04 - No. 02-4093)
Plaintiff's claim of constitutional violations as a result of the
termination of her employment is dismissed where plaintiff failed to
demonstrate a property interest in her continued employment pursuant to
any statute, regulation or contractual agreement.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/7th/024093p.pdf

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U.S. 9th Circuit Court of Appeals
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KHOTESOUVAN v. MORONES (09/13/04 - No. 04-35417)
An alien ordered removed whose removal is not reasonably foreseeable
cannot raise a colorable claim for release under the Due Process Clause
of the Fifth Amendment until at least 90 days of detention have passed.

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0435417p.pdf

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U.S. 10th Circuit Court of Appeals
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JENNINGS v. CITY OF STILLWATER (09/15/04 - No. 03-6206)
The United States Constitution does not provide a cause of action for
victims of crime when state or local law enforcement officials fail to
perform a proper investigation.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/10th/036206.html

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California Appellate Districts
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C&C CONSTR. v. SACRAMENTO MUN. UTIL. DIST.
(09/14/04 - No. C040761)
Defendant's race-based discrimination is not permissible under
section 31(e) of the California Constitution where defendant's affirmative
action program is not necessary to maintain federal funding.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/c040761.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/c040761.pdf

SAN JOSE MERCURY NEWS, INC. v. CRIMINAL GRAND JURY OF SANTA CLARA
(09/15/04 - No. H026796)
A Grand Jury's post-testimony admonition, preventing
defendant-newspaper from obtaining information from a Grand Jury
Witness, is not a prior restraint of speech.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/h026796.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/h026796.pdf

HOLGUIN v. FLORES (09/15/04 - No. B168774)
California does not deny the equal protection of the law to the
surviving members of unmarried cohabiting couples when it denies them standing to sue for the wrongful death of the other member.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/b168774.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/b168774.pdf

THE COPLEY PRESS, INC v. THE SUPERIOR COURT OF SAN DIEGO (09/16/04 - No. D042251)
In a action challenging closed appeal hearing rules for peace officers,
plaintiff-newspaper's petition is granted insofar as it seeks an order
requiring release of the identity of the disciplined peace officer.

To read the full text of this opinion, go to:
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/
2004/d042251.html

To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/californiastatecases/d042251.pdf

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Texas Criminal Court of Appeals
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GIBSON v. STATE OF TEXAS (09/15/04 - No. 1604-03)
The Court of Appeals misapplied the "clearly erroneous" appellate
standard of review in overturning the trial court's ruling that the
prosecutor did not use a race-based peremptory challenge to strike.

To read the full text of this opinion, go to:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?
court=tx&vol=app/12644&invol=1