Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
97-16821
|
Children of the Rosary v. City of Phoenix
City may limit advertising on buses to commercial messages. |
Constitutional Law |
|
Mar. 24, 1999 | |
A079068 and A079232
|
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 | |
96-30369
|
U.S. v. Dubose
Statute mandating restitution regardless of defendant's ability to pay is constitutional. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
96-35756
|
Atkins v. Apfel
Request for fees on appeal under Equal Access to Justice Act requires consideration of result obtained. |
Civil Procedure |
|
Mar. 24, 1999 | |
97-35472
|
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 | |
97-35697
|
U.S. v. Allen
Ineffective assistance claim is successive even if it includes new factual allegations. |
Criminal Law and Procedure |
|
Mar. 24, 1999 | |
97-55238
|
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 | |
97-55334, 97-55588 and 97-55621
|
Kim v. Kang
Court has jurisdiction to change interim rulings at any time prior to final judgment. |
Civil Procedure |
|
Mar. 24, 1999 | |
97-55486
|
Bankruptcy of Been
State default judgment of 'sold-out' junior lienholder on note creates an avoidable judicial lien. |
Bankruptcy |
|
Mar. 24, 1999 | |
97-70000
|
Ratnam v. INS
Torture that is unrelated to criminal prosecution and partially conducted due to political opinion, supports asylum. |
Immigration |
|
Mar. 24, 1999 | |
98-30002
|
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 | |
98-35031
|
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 | |
S062489
|
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 | |
95-30158
|
U.S. v. Ramirez
Order |
|
Mar. 24, 1999 | ||
D025705
|
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 | |
98-30002
|
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 | |
97-1732
|
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 | |
S055144
|
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 | |
96-35014
|
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 | |
96-35717
|
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 | |
96-56508
|
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 | |
97-2045
|
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 | |
96-30363
|
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 | |
B111513
|
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 | |
96-56756
|
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 | |
S071633
|
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 | |
S060145
|
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 | |
S055733
|
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 | |
96-16804 and 96-16947
|
Snoeck v. Brussa
Eleventh Amendment bars action against judicial discipline commission that has no enforcement power. |
Constitutional Law |
|
Mar. 24, 1999 | |
96-16859
|
Bankruptcy of Simon
Bankruptcy court can sanction participating foreign creditor who violates injunction against collecting discharged debt. |
Bankruptcy |
|
Mar. 24, 1999 |