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United States Ninth Circuit - February 2003 Opinion Summaries

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SKAARUP v. CITY OF N. LAS VEGAS

United States Ninth Circuit
Civil Rights, Constitutional Law, Labor & Employment Law
Adverse employment actions did not abridge a fire marshall's exercise of free speech, and a reclassification of his position did not amount to...
02/28/2003 01-17364

FERGUSON v. PALMATEER

United States Ninth Circuit
Constitutional Law, Criminal Law & Procedure, Habeas Corpus
28 U.S.C. section 2244(d)(1) is not a per se violation of the Suspension Clause of the U.S. Constitution, and the literal wording of that statute does...
02/28/2003 01-36143

LEWIS v. LEWIS

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
In rejecting a Batson motion, a California appeals court committed constitutional error by not rectifying the trial court's failure to conduct the...
02/28/2003 01-56927

TAHOE-SIERRA PRES. COUNCIL, INC. v. TAHOE REG'L PLANNING AGENCY

United States Ninth Circuit
Civil Procedure, Environmental Law, Property Law & Real Estate
A challenge to a regional planning agency's regional plan stems from the same transactional nucleus of facts as an action previously dismissed on...
02/28/2003 00-16660

EIE GUAM CORP. v. THE LONG TERM CREDIT BANK OF JAPAN, LTD.

United States Ninth Circuit
Civil Procedure, International Law
A voluntarily joined foreign sovereign may remove a case from a territorial court to a federal district court, when the foreign sovereign obtained the...
02/27/2003 02-16214, 02-16259

MEREDITH v. STATE OF OREGON

United States Ninth Circuit
Civil Procedure
Where resolution of a Younger abstention issue is necessary to ensure meaningful review of a grant of preliminary injunction, the court has pendent...
02/27/2003 01-35869

US v. MCNEIL

United States Ninth Circuit
Banking Law, Criminal Law & Procedure, Tax Law
Evidence established that defendant acted with requisite intent, to support a bank fraud conviction under 18 U.S.C. section 1344(2), arising from...
02/26/2003 02-30138

HO v. NEWLAND

United States Ninth Circuit
Constitutional Law, Criminal Law & Procedure, Habeas Corpus
A 28 U.S.C. section 2254 habeas petitioner was deprived of the constitutional right to have a jury decide every element of a second-degree murder...
02/26/2003 01-16823

JOHNSON v. STATE OF CALIFORNIA

United States Ninth Circuit
Constitutional Law
A prison reception center housing policy that uses race as a factor in assigning a new inmate's initial cell mate for 60 days did not violate the...
02/25/2003 01-56436

BROAM v. BOGAN

United States Ninth Circuit
Civil Procedure, Civil Rights, Constitutional Law, Criminal Law & Procedure
The interests of justice would be served by allowing 42 U.S.C. section 1983 claimants, whose convictions were overturned, to further amend their...
02/25/2003 01-17246

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