| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
01-0078
|
State v. Dawley (Barraza)
Driver is in 'actual physical control' of vehicle if, based on totality of circumstances, use of vehicle presented danger to himself or others. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
19244-0
|
Irvin Water District No. 6 v. Jackson Partnership
Water district may increase fees before customer formally applied for services and paid for them. |
Real Property |
|
Nov. 19, 2001 | |
|
00-0140
|
State v. Estrada
Eligibility for parole and drug treatment extends to defendants who possess paraphernalia. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
00-0379
|
US West Communications Inc. v. Arizona Corporation Commission
State commission must use fair value of property of telecommunications companies to determine their rates. |
Administrative Agencies |
|
Nov. 19, 2001 | |
|
H020651
|
Oakland Raiders v. National Football League
|
|
Nov. 19, 2001 | ||
|
46876-6
|
Sanders v. AT&T Wireless Services
Plaintiff who opted out of class action has no right to intervene or appeal settlement. |
Civil Procedure |
|
Nov. 19, 2001 | |
|
46093-5
|
State v. Mangan
Error in jury instruction regarding defendant's accomplice liability for drug offense was harmless. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
00-0244
|
Norgord v. State
Indecent exposure is sexual offense triggering victim's right to refuse defense interview. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99-6364
|
Mitchell v. Gibson
Death sentence is reversed where prosecution withheld exculpatory evidence which could have led to different sentence. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99-16531
|
U.S. v. Kaczynski
Order |
|
Nov. 19, 2001 | ||
|
00-35537
|
Edwards v. City of Coeur D'Alene
City ordinance prohibiting signs with wooden or plastic handles violates demonstrators' free speech rights. |
Constitutional Law |
|
Nov. 19, 2001 | |
|
00-50283
|
U.S. v. Gonzalez
Defendant deserved increased sentence for using minor to pass counterfeit money even though she may have been unaware of age of accomplice. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
00-2162
|
Center for Biological Diversity v. Norton
Secretary's action in light of pending suit will not justify attorney fees under "catalyst theory." |
Attorneys |
|
Nov. 19, 2001 | |
|
00-6317
|
Alfred v. Caterpillar Inc.
Plaintiff's expert testimony in design defect case was not sufficient to withstand defendant's motion for judgment as matter of law. |
Torts |
|
Nov. 19, 2001 | |
|
99-10463
|
U.S. v. Lam
Amended opinion |
|
Nov. 19, 2001 | ||
|
00-55406
|
Paulson v. City of San Diego
Public bidding and sale of city land with religious cross on it was sufficient to cure unconstitutional appearance of preference for Christianity. |
Constitutional Law |
|
Nov. 19, 2001 | |
|
99-56629
|
Fontana v. Haskin
Dismissing civil rights action was error when complaint sufficiently alleged a cause of action arising out of police officer's alleged harassing behavior. |
Civil Rights |
|
Nov. 19, 2001 | |
|
99-50255
|
U.S. v. Mendoza-Ortiz
U.S. Customs agents are required to obtain warrant to search warehouse where lumber containing contraband was ultimately delivered. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
00-6138
|
Miller v. Champion
Attorney was not ineffective when failure to advise defendant of elements of crime would not have changed plea. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99-1344
|
In re: Integra Realty Resources, Inc.
Non-settling defendants lacked standing where they failed to intervene in action and did not suffer legal prejudice as result of settlement. |
Bankruptcy |
|
Nov. 19, 2001 | |
|
00-2136
|
Joseph A. v. Ingram
Appellants' claims against state agency under Social Security Act are barred by 11th Amendment and constitutional claims barred by 'Younger' abstention doctrine. |
Civil Procedure |
|
Nov. 19, 2001 | |
|
99-6457
|
Fisher v. Gibson
Habeas petitions were properly denied as untimely because equitable tolling was not warranted. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
99-5239
|
Huffman v. Saul Holdings Limited Partnership
On remand, district court doesn't have discretion to award attorney fees when appeals court in previously denied plaintiffs request for fees. |
Civil Procedure |
|
Nov. 19, 2001 | |
|
98-16298
|
Katz v. United States
Order |
|
Nov. 19, 2001 | ||
|
00-10276
|
U.S. v. Mendoza
Defendant who sold false documents to illegal immigrants may have his sentence enhanced for preying on especially vulnerable victims. |
Criminal Law and Procedure |
|
Nov. 19, 2001 | |
|
00-35181
|
Mayes v. Massanari
Administrative law judge's determination that claimant isn't disabled is supported by substantial evidence and based on proper legal standard. |
Administrative Agencies |
|
Nov. 19, 2001 | |
|
99-16184
|
S.M. v. J.K.
Magistrate judge doesn't abuse discretion in making challenged evidentiary rulings. |
Civil Procedure |
|
Nov. 19, 2001 | |
|
99-15716
|
Patelo Credit Union v. Sahni
Federal rules aren't violated when no material facts are in dispute and successor judge grants summary judgment as matter of law. |
Civil Procedure |
|
Nov. 19, 2001 | |
|
99-17194
|
Bustamante v. Massanari
Only after SSI applicant has been found disabled under five-step inquiry should court examine whether alcohol abuse is contributing material factor. |
Administrative Agencies |
|
Nov. 19, 2001 | |
|
99-10446
|
U.S. v. Panaro
Amended opinion |
|
Nov. 19, 2001 |
