Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
99-0227
|
State v. McCann
Prior rebuttable presumption of regularity attaches to prior conviction used to enhance sentence or as element of crime. |
Criminal Law and Procedure |
|
Jul. 31, 2000 | |
99-0152
|
State v. Gomez
Traceable 911 call from private telephone is more reliable than untraceable, anonymous report of crime. |
Criminal Law and Procedure |
|
Jul. 31, 2000 | |
99-0466
|
State v. Heath
Admitting prior convictions to enhance sentences does not relieve State of duty to prove convictions are felonies under Arizona law. |
Criminal Law and Procedure |
|
Jul. 31, 2000 | |
99-1351
|
Roussos v. Michaelides (In re Roussos)
Bankruptcy court properly applies collateral estoppel to determine that debt arising from judgment in trial court is nondischargeable. |
Bankruptcy |
|
Jul. 31, 2000 | |
98-0599
|
State v. Rodriguez
Collateral estoppel doesn't arise from implied acquittal when record doesn't establish that jury actually and necessarily decided issue in accused's favor. |
Criminal Law and Procedure |
|
Jul. 31, 2000 | |
00-1041
|
Boggan v. Hoff Ford Inc. (In re Boggan)
Car dealership does not violate automatic stay when court allows it to assert lien rights in bankruptcy proceeding as if in possession of car. |
Bankruptcy |
|
Jul. 31, 2000 | |
99-10597
|
U.S. v. Pinjuv
Sentence is proper remedy for failing to complete mental health treatment program as required by supervised release terms. |
Criminal Law and Procedure |
|
Jul. 31, 2000 | |
99-10352
|
U.S. v. Hicks
Creating false tax returns is sufficient evidence to support conviction for making false statement to federally insured financial institution. |
Criminal Law and Procedure |
|
Jul. 30, 2000 | |
98-55597
|
National Environmental Waste Corp. v. Stephens Berg & Lasaster
State statue of limitations is extended for corporation in reorganization when recovery of claim will substantially benefit estate. |
Bankruptcy |
|
Jul. 27, 2000 | |
S089095
|
Niedle v. WCAB
Order |
|
Jul. 27, 2000 | ||
98-17253
|
Diamond v. City of Taft
First Amendment not violated when city ordinance provides sufficient alternative avenues of communication. |
Constitutional Law |
|
Jul. 26, 2000 | |
99-55206
|
Arrow Electronics Inc. v. Justus (In re Kaypro)
Credit manager's declaration that restructuring agreements are common industry practice raises triable issue as to disputed ordinary course of business exception. |
Bankruptcy |
|
Jul. 24, 2000 | |
99-10148
|
U.S. v. Barrios-Gutierrez
Court commits reversible error by giving maximum possible sentence but not taking a position on whether sentence enhancement applies when guilty plea entered. |
Criminal Law and Procedure |
|
Jul. 24, 2000 | |
99-70162
|
Kozulin v. INS
One who fails to qualify for asylum necessarily fails to make a claim under the stiffer standard of withholding of deportation. |
Immigration |
|
Jul. 24, 2000 | |
98-16893
|
Aleman v. Glickman
Providing food stamps to widowed aliens, but not to divorced aliens, does not violate equal protection of Due Process Clause. |
Government |
|
Jul. 24, 2000 | |
98-70866
|
Eisinger v. Federal Labor Relations Authority
FLRA ruling denying person standing to file petitions for clarification or amendment of unit determination that contravenes relevant statute is an error. |
Labor Law |
|
Jul. 24, 2000 | |
99-30200
|
U.S. v. Clark
Plea agreement precluding prosecution of additional charges connected to investigation doesn't preclude subsequent prosecution for unconnected crimes. |
Criminal Law and Procedure |
|
Jul. 24, 2000 | |
99-35189
|
Portland General Electric Company v. HA U.S. Bank Trust National Association
Oregon law, not Federal Arbitration Act, governs challenge to final appraisal decision issued pursuant to commercial contract which specified state law as controlling. |
Contracts |
|
Jul. 24, 2000 | |
99-35411
|
Columbia River People's Utility District v. Jo Portland General Electric Co.
Condemnation by governmental entity is not business or commercial transaction under Sherman Antitrust Act. |
Real Property |
|
Jul. 24, 2000 | |
99-55032
|
Couveau v. American Airlines Inc.
Where district court's reasoning for granting summary judgment is absent from record, order cannot be affirmed based on plaintiff's violation of local rule. |
Civil Procedure |
|
Jul. 24, 2000 | |
S088369
|
Kuns v. City of Ukiah
Whether premature cutting off of family's electrical power caused fire is question of fact for jury. |
Government |
|
Jul. 20, 2000 | |
99-1599
|
Betacom of Phoenix Inc. v. Nugent
Court abuses discretion in denying extension for filing notice of appeal when based on stringent 'special circumstances' standard. |
Bankruptcy |
|
Jul. 19, 2000 | |
98-1845
|
Pham v. AT&T Universal Card Service Inc. (In re Pham)
Court has discretion of assignment when creditors fail to detail breakdown of attorney fees between contract and nondischargeability issues. |
Bankruptcy |
|
Jul. 19, 2000 | |
00-1040
|
Drummond v. Cavanagh (In re Cavanagh)
Fact that Debtor's charitable contribution is reasonably necessary for maintenance and support does not render Debtor's purpose for the contribution irrelevant. |
Bankruptcy |
|
Jul. 19, 2000 | |
99-50234
|
U.S. v. Reyes-Platero
Court has jurisdiction to hear appeal of Mexican national who pleaded guilty to being deportable but was not informed about right to contact consulate. |
Immigration |
|
Jul. 19, 2000 | |
98-16918
|
El Paso City of Texas v. America West Airlines Inc. (In re America West Airlines Inc.)
City's avoidable lien is not enforceable against a bona fide purchaser who existed at time debtor's case began. |
Bankruptcy |
|
Jul. 19, 2000 | |
98-56701
|
Compton Impressions Ltd. v. Queen City Bank
Debtor is not entitled to surcharge bank for expenses incurred in completing real estate project after defaulting on loans. |
Bankruptcy |
|
Jul. 19, 2000 | |
98-56827
|
Cornejo-Barreto v. Seifert
Individual facing extradition who is making torture claim may seek review of extradition through habeas petition. |
Criminal Law and Procedure |
|
Jul. 19, 2000 | |
97-56197
|
Schell v. Witek
Sixth Amendment requires inquiry into potentially 'irreconcilable conflict' between criminal attorney and client. |
Criminal Law and Procedure |
|
Jul. 19, 2000 | |
99-1524
|
Paine v. Dickey (In re Paine)
Debtor has no standing to appeal reopening of case. |
Bankruptcy |
|
Jul. 19, 2000 |