9th Circuit Court of Appeals (19 summaries)
United States v. Ward
If defendant does not expressly raise a "Fifth Amendment objection" to an amended indictment, but still objects to a substantive change in jury instructions and the court does not change the instructions to accurately reflect the conduct alleged, the court will have "constructively amended the indictment by permitting the jury to convict [the defendant] based on conduct not alleged in those counts" in violation of the defendant's Fifth Amendment rights.
Area(s) of Law:- Criminal Procedure
Arjmand v. DHS
Although 49 U.S.C. 搂 46110 鈥済rants exclusive jurisdiction to the federal courts of appeals to 鈥榬eview' the 鈥榦rder[s]鈥 of a number of agencies, including the Transportation Security Administration (TSA),鈥 a federal court of appeals does not have original jurisdiction when a petitioner seeks the relief of being removed from the Consolidated Terrorist Screening Database, or 鈥渨atchlist,鈥 through TSA, because the watchlist is 鈥渕aintained by the Terrorist Screening Center,鈥 and 搂 46110 鈥渄oes not grant the circuit courts the jurisdiction to review TSC orders, the statute cannot grant jurisdiction over claims seeking removal from the [watchlist].鈥
Area(s) of Law:- Appellate Procedure
Lilly v. ConAgra Foods
When state law requirements for nutrition labeling do not "stand as an obstacle to the accomplishment and execution of [the federal law's] full purpose and objectives" the state laws cannot be preempted.
Area(s) of Law:- Preemption
Chavez-Reyes v. Holder
In removal proceedings under 8 U.S.C. 搂 1182(a)(2)(C)(i), a court may consider a voluntary guilty plea in determining whether the police had "'reason to believe' that Petitioner engaged or assisted in illicit trafficking of drugs" when the conviction is overturned for "a reason unrelated to the voluntariness of the guilty plea."
Area(s) of Law:- Immigration
United States v. Dharni
It is not a violation of a petitioner's Sixth Amendment rights to ask spectators and petitioner's family members to leave the courtroom during voir dire to allow seating for a jury pool.
Area(s) of Law:- Habeas Corpus
United States v. Hullaby
The government鈥檚 use of an informant with a criminal history who chose to cooperate out of self-interest in reducing future criminal liability is not 鈥渟o grossly shocking and so outrageous鈥 as to violate a defendant鈥檚 due process rights.
Area(s) of Law:- Criminal Procedure
United States v. Tercero
Although 18 U.S.C. 搂 3582(c)(2) 鈥渁uthorizes district courts to reduce a sentence retroactively when the Commission has subsequently lowered a Sentencing range,鈥 Congress intended that 鈥渁ny sentence reductions be consistent with applicable policy statements issued by the Sentencing Commission,鈥 including U.S.S.G 搂 1B1.10(b)(2)(a) which prohibits courts 鈥渇rom reducing a defendant鈥檚 term of imprisonment under 18 U.S.C. 搂 3582(c)(2)鈥o a term that is less than the minimum of the amended guideline range.鈥
Area(s) of Law:- Sentencing
Hunton v. Sinclair
Because there is no constitutional right to an attorney in state post-conviction relief proceedings, a defendant鈥檚 Brady claim of ineffective assistance of counsel fails unless 鈥渃ounsel was ineffective and the claim could not be raised earlier.鈥
Area(s) of Law:- Habeas Corpus
United States v. Bahr
It is a violation of a defendant鈥檚 Fifth Amendment right against self-incrimination to consider compelled statements in determining 鈥渁 sentence in a later, unrelated criminal proceeding.鈥
Area(s) of Law:- Criminal Procedure
United States v. Gonzalez
When calculating a criminal history score, because U.S.S.G. 4A1.2(a) is a bright-line rule, two sentences cannot count as one when they were imposed on separate days, regardless of their previously scheduled dates. Deportation does not automatically end a parole sentence under California state law.
Area(s) of Law:- Sentencing
Richards v. Ernst & Young, LLP
Because 鈥渨aiver of a contractual right to arbitration is not favored,鈥 and, therefore, 鈥渁ny party arguing waiver of arbitration bears a heavy burden of proof,鈥 including the establishment of prejudice as a result of an alleged delay in the assertion of arbitration rights.
Area(s) of Law:- Arbitration
Urbino v. Orkin Servs. of California, Inc.
Under 28 U.S.C. 搂 1332(a), the amount in controversy cannot be aggregated by multiple plaintiffs who 鈥渁ssert separate and distinct claims鈥 unless the claims 鈥渦nite to enforce a single title or right in which they have a common and undivided interest,鈥 and the source of that interest is 鈥渄erived from rights that they hold in group status.鈥
Area(s) of Law:- Civil Procedure
In re: Perle
A creditor does not have notice or actual knowledge of its debtor's bankruptcy sufficient to meet the filing exception under 11 U.S.C. 搂搂 523(a)(3) and (a)(6) if the creditor's lawyer, who no longer represents the creditor in the matter, is made aware of the bankruptcy after his representation of a different creditor.
Area(s) of Law:- Bankruptcy Law
US v. Marcelino Aguilar-Reyes
Barring circumstances expressly excepted by law, a defendant must be present at a resentencing hearing regardless of whether it is the defendant or the government who is entitled to the resentencing.
Area(s) of Law:- Criminal Procedure
Busk v. Integrity Staffing Solutions, Inc.
The Fed. R. Civ. P. 23 class action opt-out mechanism does not conflict with the Fair Labor Standards Act opt-in mechanism and therefore state law claims must not be dismissed; additionally anti-theft security checks are 鈥渋ntegral and indispensable鈥 to the warehouse employees鈥 duties and must be compensated.
Area(s) of Law:- Labor Law
In re: The Morning Star Packing, Co.
Under the Mandatory Victim Restitution Act (鈥淢VRA鈥), crime victims may file for restitution regardless of the civil remedies available to the victim or the defendant鈥檚 economic circumstances, unless determining restitution would 鈥渃omplicate or prolong the sentencing process鈥 using a balancing test that the 鈥渘eed to provide restitution鈥s outweighed by the burden on the sentencing process.鈥
Area(s) of Law:- Remedies
Gasparyan v. Holder
When considering the "extraordinary circumstances" exception of an immigration appeal denial of asylum based on a one-year timeline expiration, the immigration law judge must determine that an extraordinary circumstance existed. Only then must the immigration judge use the three-factor test laid out in 8 C.F.R. 搂 1208.4(a)(5) that determines "whether extraordinary circumstances may excuse an untimely asylum application."
Area(s) of Law:- Immigration
Gasparyan v. Holder
When considering the "extraordinary circumstances" exception of an immigration appeal denial of asylum based on a one-year timeline expiration, the immigration law judge must determine that an extraordinary circumstance existed. Only then must the immigration judge use the three-factor test laid out in 8 C.F.R. 搂 1208.4(a)(5) that determines "whether extraordinary circumstances may excuse an untimely asylum application."
Area(s) of Law:- Immigration
Mattel v. MGA Entertainment
Where a counterclaim is based on chicanery by the opposing party鈥檚 employees, who were not involved with the facts of the original claim, the counterclaim is not compulsory.
Area(s) of Law:- Civil Procedure