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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
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
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
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
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
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
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
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
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
Niedle v. WCAB
Order
Jul. 27, 2000
Diamond v. City of Taft
First Amendment not violated when city ordinance provides sufficient alternative avenues of communication.
Constitutional Law Jul. 26, 2000
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Schell v. Witek
Sixth Amendment requires inquiry into potentially 'irreconcilable conflict' between criminal attorney and client.
Criminal Law and Procedure Jul. 19, 2000
Paine v. Dickey (In re Paine)
Debtor has no standing to appeal reopening of case.
Bankruptcy Jul. 19, 2000