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United States Ninth Circuit - September 2002 Opinion Summaries

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Description Date Docket #

US v. HOVSEPIAN

United States Ninth Circuit
Criminal Law & Procedure, Sentencing, Immigration Law
District court exceeded its authority in re-sentencing under the Federal Youth Corrections Act, and a preliminary injunction requiring the INS to...
09/30/2002 99-50041/56922, 00-55320, 01-55247

VASQUEZ v. COUNTY OF LOS ANGELES

United States Ninth Circuit
Civil Rights, Labor & Employment Law
A probation officer's Title VII claims were not actionable where 1) he suffered no adverse employment action to constitute discrimination, and 2)...
09/30/2002 00-56803

PAVAO v. PAGAY

United States Ninth Circuit
Civil Rights, Criminal Law & Procedure
An officer received implied consent to enter a home under the totality of the circumstances, thus a 42 U.S.C. section 1983 plaintiff failed to meet...
09/30/2002 01-15201

US v. GONZALES

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
Admission of pay/owe sheets into evidence was proper as relevant to evidence of drug distribution, and for the purpose of evaluating expert testimony,...
09/30/2002 00-10514

US v. CHAVEZ-MIRANDA

United States Ninth Circuit
Criminal Law & Procedure
Under the totality of circumstances, a substantial basis existed for finding probable cause to issue a search warrant, and a reasonable nexus between...
09/30/2002 01-50615

STAFFER v. PREDOVICH

United States Ninth Circuit
Bankruptcy Law, Civil Procedure
A separate motion to reopen is not necessary when commencing an action for nondischargeability of a debt under Bankruptcy Rule 4007(b). Moving party...
09/27/2002 01-56093

LUNA v. CAMBRA

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
Trial counsel's failure to interview and subpoena two alibi witnesses and one exonerating witness amounted to prejudicial ineffective assistance of...
09/27/2002 01-55841

CITY OF LOS ANGELES v. US DEP'T OF COMMERCE

United States Ninth Circuit
Constitutional Law, Elections, Government Law
Commerce Secretary's interpretation of 13 U.S.C. section 195, as permitting him to consider accuracy as a component of feasibility of sampling in the...
09/27/2002 01-55986

CENT. DELTA WATER AGENCY v. US

United States Ninth Circuit
Civil Procedure, Environmental Law, Public Utilities
Individual plaintiffs had standing to challenge a U.S. Bureau of Reclamation's release of water, based on a credible threat of harm to crops, and...
09/26/2002 01-16172

AZER v. CONNELL

United States Ninth Circuit
Civil Procedure, Government Benefits, Health Law
A plaintiff is entitled to equitable tolling of a 42 U.S.C. section 1983 claim for wrongful withholding payments as part of a Medi-Cal fraud...
09/26/2002 01-55359

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