| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-6205
|
Bradley v. Poppel
Order |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
97-7115
|
Daniels v. Glase
Order |
Prisoners Rights |
|
Nov. 9, 1999 | |
|
98-2353
|
U.S. v. Levitt
Order |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
99-1264
|
U.S. v. Allen
Order |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
99-2092
|
Zamora v. Lemaster
Order |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
98-8050
|
U.S. v. Neary
Appellate court lacks jurisdiction to review sentence which is within appropriate sentencing range and isnt based on illegal factor. |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
98sc42
|
Adams v. Farmers Insurance Group
Where only attorney fees award appealed, auto accident Regulations not mandates awarding of attroney fees to the successful party. |
Attorneys |
|
Nov. 9, 1999 | |
|
99-1060
|
U.S. v. Shuler
Theft of firearms cannot be part of defendant's sentence if firearms were not used 'during and in relation' to the theft. |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
98-2012 and 98-2031
|
U.S. v. Garcia
Drug seller who was 'preyed' on by government informant isnt minor participant appropriate for downward sentencing deviation. |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
98CA0949
|
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 | |
|
98-3006
|
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 | |
|
98-2053
|
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 | |
|
98-3315
|
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 | |
|
98-8053
|
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 | |
|
98-5122
|
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 | |
|
98-2047
|
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 | |
|
98-6042
|
U.S. v. Taylor
Standby counsel at trial provides equivalent of law library access demand. |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
98-5200
|
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 | |
|
98-8052
|
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 | |
|
98-1272
|
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 | |
|
98-9005
|
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 | |
|
98-6062
|
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 | |
|
98-7063
|
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 | |
|
99-5042
|
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 | |
|
98-1181 and 98-1183
|
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 | |
|
98-5115
|
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 | |
|
98-6192 and 98-6201
|
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 | |
|
97-9522 and 97-9547
|
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 | |
|
98-4192
|
U.S. v. Sparrow
Order |
Criminal Law and Procedure |
|
Nov. 9, 1999 | |
|
99-2048
|
Muir v. Fifth Judicial District Court
Order |
Criminal Law and Procedure |
|
Nov. 9, 1999 |