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People v. Kilgore
Prosecutor's alleged objection at sentencing hearing doesn't violate terms of plea bargain when no evidence exists that prosecution agreed to 'stand silent.' 		Criminal Law and Procedure Nov. 9, 1999
U.S. v. Torres
Government bears burden of proof regarding whether prior convictions werent relevant conduct for purposes of increasing defendants criminal history score. 		Criminal Law and Procedure Nov. 9, 1999
U.S. West Inc. v. Tristani
Federal courts dont have subject matter jurisdiction over challenge to state Corporation Commissions rate imputation methodology. 		Administrative Agencies Nov. 9, 1999
U.S. v. Davis
Defendant isn't entitled to downward adjustment for acceptance of responsibility based on post-sentencing conduct. 		Criminal Law and Procedure Nov. 9, 1999
Powers v. MJB Acquisition Corp.
To recover compensatory damages for disability discrimination, the plaintiff must prove that the defendant intentionally discriminated against him. 		Employment Law Nov. 9, 1999
B. Willis, C.P.A. Inc. v. Goodpaster
When injunctions conduct-based, and violation contains both speech and non-speech elements, then First Amendment isnt violated if government interest's substantial and infringements minimal. 		Constitutional Law Nov. 9, 1999
U.S. v. Gutierrez-Gonzalez
Entrapment by estoppel requires advice from official responsible for administering law defining offense. 		Criminal Law and Procedure Nov. 9, 1999
U.S. v. Taylor
Standby counsel at trial provides equivalent of law library access demand. 		Criminal Law and Procedure Nov. 9, 1999
U.S. v. Schluneger
Defendant's agreement to submit inflated bids and get paid for services never performed supports conviction of conspiracy to defraud the government. 		Criminal Law and Procedure Nov. 9, 1999
U.S. v. Patten
Detention by police is consensual although officer fails to inform individual that he was free to leave. 		Criminal Law and Procedure Nov. 9, 1999
Makin v. Colorado Dept. of Corrections
Damages for denial of prisoner's First Amendment right must be based on actual damages suffered, not on rights abstract value. 		Constitutional Law Nov. 9, 1999
Estate of Davenport v. Commissioner of Internal Revenue
A grantor's gift of stock is not prevented or rendered incomplete by his lack of legal title in the stock at the time of the gift. 		Taxation Nov. 9, 1999
Roberts v. Progressive Independence Inc.
Employer who fails to provide disabled employee with personal care attendant for the time needed to do work related activities constitutes wrongful discharge. 		Employment Law Nov. 9, 1999
Haddock v. Apfel
Administrative law judge must get expert's reasonable explanation when conflict between expert testimony and Dictionary of Occupational Titles. 		Administrative Agencies Nov. 9, 1999
Sherrill v. Hargett
Failing to challenge a jury instruction that is later found to be unconstitutional isn't ineffective assistance of counsel. 		Constitutional Law Nov. 9, 1999
Chessin v. Keystone Resort Management Inc.
Totality of circumstances is the appropriate approach to determine whether establishment is primarily recreational for purposes of applying Fair Labor Standards Act exemption. 		Employment Law Nov. 9, 1999
Shepherd v. Apfel
Medical improvement standard applies to 'closed period' cases when claimant is found to have been disabled during finite period of time. 		Administrative Agencies Nov. 9, 1999
Mason v. Oklahoma Turnpike Authority
Defendant has burden of proof regarding establishing its financial condition to oppose punitive damages sought by plaintiff. 		Civil Procedure Nov. 9, 1999
Farmers Telephone Co. Inc. v. Federal Communications Commission
Federal Communications Commissions interpretation of its regulation that five percent reduction limitation was transitional, and of limited duration, was reasonable and enforceable. 		Administrative Agencies Nov. 9, 1999
U.S. v. Sparrow
Order 		Criminal Law and Procedure Nov. 9, 1999
Muir v. Fifth Judicial District Court
Order 		Criminal Law and Procedure Nov. 9, 1999
Lampley v. United States of America
Order 		Civil Rights Nov. 9, 1999
Highland Meadow Estates at Castle Peak Ranch Inc. v. Buick
Covenants limiting construction to single-family residences also prohibits building of roads having no connection to those residences. 		Real Property Nov. 9, 1999
People v. A Business or Businesses located at 2896 West 64th Avenue
Nude entertainment club is open to the public despite its sham membership requirements, and thus a public nuisance. 		Government Nov. 9, 1999
DeForrest v. City of Cherry Hills Village
Where factual issue is present whether city officials created a dangerous condition, denial of motion to dismiss under immunity is proper. 		Government Nov. 9, 1999
Wilson v. Board of County Commissioners of Weld County
30-day period for filing judicial review petition doesn't begin running until entry of revised resolution. 		Administrative Agencies Nov. 9, 1999
People v. Tow
Statute that prohibits careless driving causing someone's death doesn't prevent defendant from also being convicted of criminally negligent homicide. 		Criminal Law and Procedure Nov. 9, 1999
People v. Duran
When imposing amount of restitution to be paid, trial court isn't required to consider victim's provocative conduct. 		Criminal Law and Procedure Nov. 9, 1999
U.S. v. Albers
Order 		Criminal Law and Procedure Nov. 9, 1999
Douglas v. Scott
Order 		Criminal Law and Procedure Nov. 9, 1999
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