United States Ninth Circuit - Opinion Summaries

US v. WELLS

Criminal Law & Procedure, Ethics & Professional Responsibility
Defendant's drug conviction is affirmed over his claim that an actual conflict of interest adversely affected defendant's counsel's representation of...

FORD MOTOR CO. v. TODECHEENE

Civil Procedure, Indian Law, Injury & Tort Law, Product Liability
There is no tribal jurisdiction over a nonmember in a product liability case.

IN RE: PEGASUS GOLD CORP.

Bankruptcy Law, Constitutional Law, Contracts, Environmental Law
In a contract dispute, plaintiff's claims against the State do not arise out of the same transaction as the State's original proofs of claims, and...

US v. ASBERRY

Criminal Law & Procedure, Sentencing
Defendant's sentence for possessing ammunition as a felon is affirmed over his claims that 1) an Oregon conviction for rape is not a crime of...

HERNANDEZ-GUADARRAMA v. ASHCROFT

Immigration Law
A single affidavit from a self-interested witness, not subject to cross-examination, does not rise to the level of clear, unequivocal, and convincing...

US v. TIROUDA

Criminal Law & Procedure, Evidence
There is no error in giving an accomplice witness instruction when the accomplice's testimony favors the defendant.

WATTS v. MCKINNEY

Civil Rights, Constitutional Law, Criminal Law & Procedure
Denial of defendant's claim of qualified immunity is affirmed where "kicking a helpless prisoner's genitals" constitutes cruel and unusual conduct in...

SMITH v. CITY OF HEMET

Civil Rights, Criminal Law & Procedure, Injury & Tort Law
A section 1983 action for excessive force is not necessarily barred by a plaintiff's conviction for willfully resisting, delaying, or obstructing a...

PRINIPAL LIFE INS. CO. v. ROBINSON

Constitutional Law, Contracts, Landlord Tenant Law, Property Law & Real Estate
The appropriate standard for determining ripeness of private party contract disputes is the traditional ripeness standard, namely, whether "there is a...

SAMISH INDIAN TRIBE v. STATE OF WASHINGTON

Civil Procedure, Constitutional Law, Indian Law
Denial of plaintiff-Indian Tribe's treaty fishing rights, on the ground that it had not maintained an organized tribal structure, is reversed where...