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United States Ninth Circuit - Opinion Summaries

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Description Date Docket #

US v. LUNA-MADELLAGA

United States Ninth Circuit
Criminal Law & Procedure, Sentencing, Immigration Law
The enhanced penalty provided by 8 U.S.C. section 1326(b)(2), for unlawful entry of a deported alien, applies to a removal that was subsequent to a...
01/15/2003 02-10157

US v. IVESTER

United States Ninth Circuit
Constitutional Law, Criminal Law & Procedure
The district court's exclusion of public spectators from mid-trial questioning of jurors, to address their safety concerns, did not implicate...
01/15/2003 01-10260

CUNNINGHAM v. GATES

United States Ninth Circuit
Civil Procedure, Civil Rights, Criminal Law & Procedure
Claims by a plaintiff, who was convicted of robbery and murder, alleging excessive force by a police department, are barred under Heck v. Humphrey,...
01/14/2003 01-56339

S.M. v. J.K.

United States Ninth Circuit
Evidence, Sanctions
Under Fed. R. Evid. 412, exclusion of evidence of plaintiff's prior, consensual sexual activity is an appropriate sanction against a party that fails...
01/14/2003 99-16184

KELLY v. SMALL

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
A habeas petitioner did file a "mixed" petition before the district court, although only two of his claims were unexhausted, thus on remand the court...
01/14/2003 99-56673

SAFFOLD v. CAREY

United States Ninth Circuit
Criminal Law & Procedure, Habeas Corpus
A California Supreme Court minute order denying a habeas petition "for lack of diligence" did not mean the petition was untimely, and petitioner is...
01/14/2003 99-15541

US v. SEVERINO

United States Ninth Circuit
Criminal Law & Procedure, Sentencing
An information which alleged a prior felony drug conviction, to render defendant eligible for a mandatory minimum sentence, adequately identified the...
01/14/2003 00-30161

ENVTL. DEF. CTR., INC. v. US ENVTL. PROT. AGENCY

United States Ninth Circuit
Administrative Law, Environmental Law, Public Utilities
An EPA rule issued pursuant to the Clean Water Act, to control pollutants introduced into the nation's waters by storm sewers, is affirmed on all...
01/14/2003 00-70014/70734/70822

KAAHUMANU v. COUNTY OF MAUI

United States Ninth Circuit
Civil Rights, Property Law & Real Estate, Government Law
A suit against county council members in their individual capacities under 42 U.S.C. section 1983 and the Religious Land Use and Institutionalized...
01/14/2003 02-15189

THE WILDERNESS SOC'Y v. US FISH & WILDLIFE SERV.

United States Ninth Circuit
Administrative Law, Environmental Law
The U.S. Forest Service's decision to permit a fish species enhancement was a reasonable interpretation of statutory ambiguities under the Wilderness...
01/13/2003 01-35266

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