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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
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
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
Lata v. INS
Asylum may be denied based on isolated criminal incident and discrepancy in petitioner's testimony.
Immigration Mar. 16, 2000
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
State v. Heartfield
Court lacks power to impose restitution order on defendant found guilty, but insane.
Criminal Law and Procedure Mar. 16, 2000
People v. Oiknine
Order
Mar. 16, 2000
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
Lavelle v. Bankamerica Corporation Inc.
Order
Mar. 15, 2000
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
U.S. v. Engdahl
Order
Criminal Law and Procedure Mar. 15, 2000
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
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
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
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
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
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
Mervin v. Furlong
Order
Criminal Law and Procedure Mar. 15, 2000
People v. Abeyta
Order
Mar. 15, 2000
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
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
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
State v. Gilfillan
Arizona Rape Shield Law is constitutional.
Criminal Law and Procedure Mar. 15, 2000
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
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
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
LaFevers v. Gibson
Order
Criminal Law and Procedure Mar. 15, 2000
Creusere v. Murphy
Order
Employment Law Mar. 15, 2000
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
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