United States Ninth Circuit - January 2005 Opinion Summaries

SALGADO-DIAZ v. ASHCROFT

Immigration Law
Plaintiff's petition for review is granted where denying him an evidentiary hearing on his claim of unlawful arrest is a due process violation.

GRATZER v. MAHONEY

Constitutional Law, Criminal Law & Procedure, Habeas Corpus
Denial of plaintiff's petition for habeas corpus is affirmed over his challenge that a jury instruction in his trial for deliberate homicide violated...

SAN PEDRO v. ASHCROFT

Immigration Law
The Board of Immigration Appeals' affirmance of the decision of the immigration judge to deny plaintiff a waiver of removal under Immigration and...

HENDERSON v. LAMPERT

Criminal Law & Procedure, Habeas Corpus
Denial of plaintiff's habeas petition is affirmed where it is barred by 28 U.S.C. section 2244(b)(1) since it raises the same claims that were...

RIVERA v. PHILIP MORRIS, INC.

Evidence, Injury & Tort Law, Product Liability
In a wrongful death action, dismissal of plaintiff's strict liability failure-to-warn claim is reversed where the evidence in the record is sufficient...

US v. ANTELOPE

Criminal Law & Procedure
The revocation of defendant's supervised release, due to his refusal to incriminate himself as part of his sex offender treatment, violates his Fifth...

US v. HRISTOV

Attorney's Fees, Civil Procedure, Criminal Law & Procedure
A timely-filed motion for attorney's fees under the Hyde Amendment may be amended outside the statutory deadline, to include required information...

GAMMOH v. LA HAMBRA

Civil Rights, Constitutional Law, Entertainment Law, Government Law
The district court properly dismissed plaintiff's constitutional challenges to a city ordinance requiring "adult cabaret dancers" to remain two feet...

BUCKLEY v. TERHUNE

Criminal Law & Procedure, Habeas Corpus
The district court's grant of plaintiff's petition for a writ of habeas corpus is reversed where the state court's determination of the facts was not...

ROSE v. PALMATEER

Criminal Law & Procedure, Habeas Corpus, Sentencing
Denial of plaintiff's habeas petition is affirmed where he failed to exhaust his Fifth Amendment claim in the state courts and had waived any Ex Post...