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United States Ninth Circuit - January 2001 Opinion Summaries

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Description Date Docket #

US v. MORGAN

United States Ninth Circuit
Criminal Law & Procedure
Under USSG S 2B3.1(b)(3), a six-level enhancement for inflicting a life-threatening injury on a carjacking victim, applies when the "circumstances"...
01/31/2001 99-10509

US v. CHRISTAKIS

United States Ninth Circuit
Criminal Law & Procedure
Defendant in drug conspiracy suffered ineffective assistance of counsel because his attorney at the suppression hearing for a wiretap involving an...
01/30/2001 99-55298

GROSZ-SALOMON v. PAUL REVERE LIFE INS. CO.

United States Ninth Circuit
ERISA
The policy in place at the time of benefits denial dictates the standard of review when an insured files her claim under ERISA.
01/29/2001 99-55812

SAN XAVIER DEV. AUTH. v. CHARLES

United States Ninth Circuit
Indian Law
Under the Nonintercourse Act, 25 USC 177, a non-profit corporation chartered by a federally-recognized Indian tribe does not have standing to sue to...
01/29/2001 99-16158

US v. SUAREZ-ROSARIO

United States Ninth Circuit
Criminal Law & Procedure
Proof of true identity is not an essential element of the government's proof for a conviction under 18 USC 1542 for using a passport obtained through...
01/29/2001 00-50373

SHEVIAKOV v. IMMIGRATION AND NATURALIZATION SERV.

United States Ninth Circuit
Civil Procedure
A paper is "received" by the clerk for purposes of filing, under Federal Rule of Appellate Procedure 25, when the petition is mailed to the court's...
01/26/2001 99-70743

DEPETRIS v. KUYKENDALL

United States Ninth Circuit
Criminal Law & Procedure, Evidence
In a murder case under California law where a defendant claims imperfect self-defense from abusive spouse, evidence of spouse's journal recording...
01/26/2001 99-56126

US v. TUCOR INTERNATIONAL

United States Ninth Circuit
Admiralty, Antitrust & Trade Regulation, Civil Procedure
Under the Hyde Act, Government's discredited argument that immunity from antitrust liability under Section 7(a)(4) of the Shipping Act of 1984, 46 USC...
01/25/2001 00-10167

US v. TAM

United States Ninth Circuit
Criminal Law & Procedure
Prosecution's suggestion to jury that they select foreperson by secret ballot was not a structural error because the method of selection is a proper...
01/24/2001 99-10346

AMERICAN BROADCASTING SYSTEMS, INC. v. NUGENT

United States Ninth Circuit
Bankruptcy Law, Securities Law
An actual purchase or sale of securities is not necessary to trigger mandatory subordination under 11 USC 510(b).
01/24/2001 98-17133

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