United States Ninth Circuit - Opinion Summaries

GAUDIN v. REMIS

Family Law, International Law, Remedies
The parent of an abducted child may not maintain a suit under the International Child Abduction Remedies Act and the Hague Convention on the Civil...

GHENT v. WOODFORD

Criminal Law & Procedure, Habeas Corpus
Because the district court erred in finding the admission of testimony in violation of defendant's Miranda rights in the special circumstances trial...

CHURCHILL COUNTY v. NORTON

Environmental Law
Programmatic environmental impact statements are not required to determine the cumulative impact of proposed environmental actions where the agency...

GANDARELA v. JOHNSON

Criminal Law & Procedure, Habeas Corpus
In child molestation case, evidence from witnesses, who had no direct knowledge of the crime but had some evidence that would impeach the credibility...

GREY POPLARS, INC. v. 1,371,000 ASSORTED BRANDS OF CIGARETTES

Asset Forfeiture, Indian Law
Without tax stamps or preapproval to be sold on an Indian reservation, cigarettes numbering in excess of 60,000 are subject to seizure and forfeiture...

ZAMBRANO v. IMMIGRATION AND NATURALIZATION SERV.

Civil Procedure, Class Actions, Immigration Law
When an underlying action has previously been dismissed for lack of subject-matter jurisdiction, and that decision has become final, a court may not...

HERNANDEZ v. SMALL

Criminal Law & Procedure, Habeas Corpus
The admission of an extra-judicial statement, made by a fellow perpetrator who took the Fifth Amendment on the stand, was properly admitted against...

US v. SMITH

Criminal Law & Procedure, Sentencing
Claims raised on appeal, including improper jury instructions, denial of motions to substitute counsel, and admission of evidence of prior bad acts,...

US v. HOSKINS

Criminal Law & Procedure, Sentencing
For purposes of sentence enhancement under U.S.S.G. section 3B1.3 based on an abuse of trust, the defendant's position as a security guard at the...

HARGIS v. FOSTER

Constitutional Law
Defendant raised a triable issue of fact as to whether prison's coercion regulation was constitutional as applied to him; a court may not dismiss a...