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United States Ninth Circuit - July 2002 Opinion Summaries

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Description Date Docket #

AVILA v. ROE

United States Ninth Circuit
Constitutional Law, Criminal Law & Procedure
A criminal defendant's request to represent himself must be analyzed as to dilatory intent based on the totality of the circumstances, and the effect...
07/31/2002 01-15003

GUTIERREZ-CHAVEZ v. IMMIGRATION & NATURALIZATION SERV.

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus, Immigration Law
Appellant cannot challenge denial of a request for a waiver of deportation via a 28 U.S.C. section 2241 petition for habeas corpus, absent allegations...
07/31/2002 00-56149

RIOS v. ROCHA

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
Denial of a federal habeas petition was improper where a reasonable probability existed that the outcome of defendant's trial would have been...
07/31/2002 01-15835

STATE OF ALASKA v. US ENVTL. PROT. AGENCY

United States Ninth Circuit
Environmental Law
The EPA acted within its authority in issuing orders invalidating a Prevention of Significant Deterioration permit issued by the state of Alaska under...
07/30/2002 00-70166/69/75, 70301

STEVEDORING SERV. OF AM. v. DIR., OFFICE OF WORKERS' COMP. PROGRAMS

United States Ninth Circuit
Admiralty, Injury & Tort Law, Labor & Employment Law, Workers' Compensation
An employer who is liable under the "last employer" doctrine of the Longshore and Harbor Workers' Compensation Act cannot escape liability merely...
07/30/2002 01-70354/61

ANDERSEN v. US

United States Ninth Circuit
Constitutional Law, Criminal Law & Procedure
An appeal from denial of a preliminary injunction (essentially a motion for the return of property under Rule 41(e) of the Federal Rules of Criminal...
07/30/2002 01-56900

STEWART v. U.S. BANCORP

United States Ninth Circuit
Civil Procedure, ERISA
An ERISA claim is barred by res judicata where it could have been raised in a previous action, and dismissal of that action (due to preemption) was a...
07/30/2002 01-35093

HUTH v. THE HARTFORD INS. CO. OF THE MIDWEST

United States Ninth Circuit
Civil Procedure
District court did not abuse its discretion in declining to exercise jurisdiction over a declaratory action, under the Federal Declaratory Judgment...
07/30/2002 01-16294

AM. VANTAGE CO., INC. v. TABLE MOUNTAIN RANCHERIA

United States Ninth Circuit
Civil Procedure, Contracts, Indian Law
An unincorporated Indian tribe is not a "citizen" of a state within the meaning of the federal diversity statute, thus an action based on a contract...
07/29/2002 00-17355

HILL v. ROE

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
A habeas petitioner was incorrectly charged with the burden of proving that the California Supreme Court's citation to the People v. Hill rule, 9 Cal....
07/29/2002 00-56480

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