Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
99-0128
|
McDonald v. City of Prescott
City police department has duty to take action within reasonable time to correct dangerous road condition on state highway. |
Torts |
|
Mar. 20, 2000 | |
98-2040
|
U.S. v. Prentiss
District court lacks jurisdiction where the government does not allege or establish the Indian status of the accused or the victim. |
Native American Affairs |
|
Mar. 16, 2000 | |
98-70771
|
Varela v. INS
Limitations period for motion to reopen deportation proceeding is equitably tolled where alien is defrauded by person purporting to provide legal representation. |
Immigration |
|
Mar. 16, 2000 | |
98-70814
|
Lata v. INS
Asylum may be denied based on isolated criminal incident and discrepancy in petitioner's testimony. |
Immigration |
|
Mar. 16, 2000 | |
98SC304
|
Bodaghi v. Department of Natural Resources
Where prima facie case of discrimination is proven and factfinder disbelieves employer's stated lawful purpose, factfinder may infer unlawful discriminatory conduct. |
Employment Law |
|
Mar. 16, 2000 | |
99-0161
|
State v. Heartfield
Court lacks power to impose restitution order on defendant found guilty, but insane. |
Criminal Law and Procedure |
|
Mar. 16, 2000 | |
S085019
|
People v. Oiknine
Order |
|
Mar. 16, 2000 | ||
B127577
|
People v. Oiknine
Charges not listed in detainer are not subject to speedy trial provisions of Interstate Agreement on Detainers. |
Criminal Law and Procedure |
|
Mar. 16, 2000 | |
S074192
|
Lavelle v. Bankamerica Corporation Inc.
Order |
|
Mar. 15, 2000 | ||
S084984
|
Butts v. Sands
Applying 1995 statute authorizing disciplinary action against architect, based on disciplinary actions against him in other states for 1993 misconduct, is improper. |
Administrative Agencies |
|
Mar. 15, 2000 | |
98-8109
|
U.S. v. Engdahl
Order |
Criminal Law and Procedure |
|
Mar. 15, 2000 | |
97-2099
|
Migneault v. Peck
University officials are immune from equal protection claim when it exists independent of Age Discrimination Employment Act claim. |
Employment Law |
|
Mar. 15, 2000 | |
98-6320 and 98-6351
|
U.S. v. McKissick
Evidence that victim who identified accused was under influence of substances when crime transpired doesn't overturn conviction when victim's credibility wasn't suspect. |
Criminal Law and Procedure |
|
Mar. 15, 2000 | |
98-3222, 98-3233, 98-3279 and 99-3099
|
United Phosphorus LTD v. Midland Fumigant Inc.
Award of attorney fees must be based on evidence of prevailing market rates, not judge's personal knowledge of rates. |
Civil Procedure |
|
Mar. 15, 2000 | |
99-3065, 99-3066 and 99-3102
|
Alabama v. U.S. Department of Energy
Federal Circuit has exclusive jurisdiction over appeals under Economic Stabilization Act and Emergency Petroleum Act. |
Civil Procedure |
|
Mar. 15, 2000 | |
98-4180
|
Peay v. Bellsouth Medical Assistance Plan
Federal court has jurisdiction over medical plan and third-party administrator in action to determine medical benefits under ERISA. |
Civil Procedure |
|
Mar. 15, 2000 | |
98-4072
|
Andersen v. McCotter
Government agency's interest in safely operating sex offender treatment program outweighs intern's interest in publicly commenting on proposed changes to program. |
Constitutional Law |
|
Mar. 15, 2000 | |
99-1135
|
Mervin v. Furlong
Order |
Criminal Law and Procedure |
|
Mar. 15, 2000 | |
S074361
|
People v. Abeyta
Order |
|
Mar. 15, 2000 | ||
99-0374
|
Allstate Insurance Co. v. Great American Insurance Co.
Allocating proportionate shares of liability between two insurers should not be favored where 'other-insurance' clauses are reconcilable. |
Insurance |
|
Mar. 15, 2000 | |
98-0610
|
Estate of Fogleman
Breach of fiduciary duty exists where attorney, as personal representative of descendant's estate, retains his law firm to represent estate creditors. |
Probate and Trusts |
|
Mar. 15, 2000 | |
98-0797
|
State v. Estrada
Defendant, convicted of possession of controlled substance and drug paraphernalia, is entitled to probation, not prison. |
Criminal Law and Procedure |
|
Mar. 15, 2000 | |
99-0069
|
State v. Gilfillan
Arizona Rape Shield Law is constitutional. |
Criminal Law and Procedure |
|
Mar. 15, 2000 | |
99-0243
|
Luis A., a Minor
Advisory hearing more than 30 days after filing of traffic citation violates juvenile's right to speedy trial. |
Juveniles |
|
Mar. 15, 2000 | |
99-5021
|
Pickens v. Gibson
Videotaped confession of prior murder, obtained in violation of defendant's rights, cannot be shown to jury during sentencing phase of current murder case. |
Criminal Law and Procedure |
|
Mar. 15, 2000 | |
97-1023
|
Chambers v. Colorado Department of Corrections
Inmate's due process rights are violated when prison officials withhold monthly earned time credit without first conducting hearing. |
Criminal Law and Procedure |
|
Mar. 15, 2000 | |
00-6079
|
LaFevers v. Gibson
Order |
Criminal Law and Procedure |
|
Mar. 15, 2000 | |
99-2181
|
Creusere v. Murphy
Order |
Employment Law |
|
Mar. 15, 2000 | |
98SC435
|
Estate of Ongaro
Claim against estate is time-barred if presented more than one year after descendant's death. |
Probate and Trusts |
|
Mar. 15, 2000 | |
98SC794
|
Garcia v. People
If court interrupts jury deliberations and suspends fact-finding functions to investigate alleged juror misconduct, its inquiry may not intrude into deliberative process. |
Criminal Law and Procedure |
|
Mar. 15, 2000 |