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Children of the Rosary v. City of Phoenix
City may limit advertising on buses to commercial messages.
Constitutional Law Mar. 24, 1999
MCM Construction Inc. v. City & County of San Francisco (Myers/Kulchin-Condon)
City can't waive statutory public contract bidding requirements of listing subcontractor prices.
Government Mar. 24, 1999
U.S. v. Dubose
Statute mandating restitution regardless of defendant's ability to pay is constitutional.
Criminal Law and Procedure Mar. 24, 1999
Atkins v. Apfel
Request for fees on appeal under Equal Access to Justice Act requires consideration of result obtained.
Civil Procedure Mar. 24, 1999
Allen v. Crabtree
No custody credit toward consecutive sentence for parole violation for time served before last sentence vacated.
Criminal Law and Procedure Mar. 24, 1999
U.S. v. Allen
Ineffective assistance claim is successive even if it includes new factual allegations.
Criminal Law and Procedure Mar. 24, 1999
Kodadek v. MTV Networks Inc.
Drawing created from memory isn't a bona fide copy of original work for copyright registration purposes.
Intellectual Property Mar. 24, 1999
Kim v. Kang
Court has jurisdiction to change interim rulings at any time prior to final judgment.
Civil Procedure Mar. 24, 1999
Bankruptcy of Been
State default judgment of 'sold-out' junior lienholder on note creates an avoidable judicial lien.
Bankruptcy Mar. 24, 1999
Ratnam v. INS
Torture that is unrelated to criminal prosecution and partially conducted due to political opinion, supports asylum.
Immigration Mar. 24, 1999
U.S. v. Allen
State misdemeanor convictions are properly included in calculation of defendant's criminal history score.
Criminal Law and Procedure Mar. 24, 1999
Allen v. State of Oregon
Federal prison inmate with state convictions isn't in state custody for habeas corpus purposes.
Criminal Law and Procedure Mar. 24, 1999
Bank of America v. Lallana
Creditor selling repossessed vehicle must comply with both Rees-Levering Act and Uniform Commercial Code.
Business Law Mar. 24, 1999
U.S. v. Ramirez
Order
Mar. 24, 1999
People v. Houck
Court can't use preliminary hearing transcript to prove prior conviction was 'serious felony' under three strikes.
Criminal Law and Procedure Mar. 24, 1999
U.S. v. Allen
State misdemeanor convictions are properly included in calculation of defendant's criminal history score.
Criminal Law and Procedure Mar. 24, 1999
California Public Employs' Retirement v. Felzen
Non-party shareholders to settlement agreement don't have right to directly appeal, even in the interest of justice.
Civil Procedure Mar. 24, 1999
Quelimane Company, Inc. v. Stewart Title Guaranty Co.
Plaintiff may sue title insurers under unfair competition statutes for alleged refusal to insure.
Insurance Mar. 24, 1999
U.S. v. State of Washington
Indian Tribes have right to take all species of shellfish in their traditional fishing areas.
Native American Affairs Mar. 24, 1999
Brem-Air Disposal v. Cohen
Contractor that didn't participate in competitive bidding process lacks standing to claim entitlement to contract.
Government Mar. 24, 1999
Bankruptcy of Seko Investment Inc.
Claim isn't subject to 'bona fide dispute' in involuntary bankruptcy on basis of counterclaim alone.
Bankruptcy Mar. 24, 1999
South Central Bell Telephone v. Alabama
Taxpayers aren't barred by a prior State-court judgment, from presenting a present challenge to a State tax.
Constitutional Law Mar. 24, 1999
U.S. v. Plunk
Law enforcement officer may testify as expert witness regarding jargon used in drug transactions.
Criminal Law and Procedure Mar. 24, 1999
American Sheds Inc. v. County of Los Angeles
Assessment of landfill doesn't include 'intangibles' of permits and business enterprise value.
Taxation Mar. 24, 1999
Furguiel v. Benov
Without Bureau of Prisons notification to prisoner of eligibility, prisoner hasn't expectation of early release.
Criminal Law and Procedure Mar. 24, 1999
Norgart v. Upjohn Co.
Where several possible causes limitations periods doesn't commence until plaintiff should suspect specific defendant caused injury.
Torts Mar. 24, 1999
Yamaha Corp. of America v. State Board of Equalization
Agency's 'annotations' aren't entitled to the deference courts accord to quasi-legislative rules.
Administrative Agencies Mar. 24, 1999
People v. Cortez
Conspiracy to commit murder is conspiracy to commit premeditated first-degree murder and punishable as such.
Criminal Law and Procedure Mar. 24, 1999
Snoeck v. Brussa
Eleventh Amendment bars action against judicial discipline commission that has no enforcement power.
Constitutional Law Mar. 24, 1999
Bankruptcy of Simon
Bankruptcy court can sanction participating foreign creditor who violates injunction against collecting discharged debt.
Bankruptcy Mar. 24, 1999