Case law
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United States v. Ramiro Ramos-Medina
Court of Appeals for the Ninth Circuit · Jan 11, 2013
Holder, 662 F.3d 1110 (9th Cir. 2011), establish that first- degree burglary under Calif. … Instead, we must look to whether Ramos’s burglary conviction qualified as a “burglary of a dwelling.”
Cited 0 timesPublishedAckerman v. International Longshoremen's & Warehousemen's Union
187 F.2d 860 · Court of Appeals for the Ninth Circuit · Feb 28, 1951
that immunity by injunction. … Furthermore, we think want of good faith was not proven, and the court’s finding in that respect clearly erroneous.
Cited 1 timesPublishedUnited States v. William Edward Jeffery
473 F.2d 268 · Court of Appeals for the Ninth Circuit · Feb 12, 1973
Fuller was questioned separately and, in exchange for immunity, revealed that he had hidden heroin in a construction area of the airport and that appellant was his crime partner. … The well-established rule in this Circuit is that “defenses not raised in district court will not be considered on appellate review.” Yeater v.
Cited 13 timesPublished574 F.3d 1182 · Court of Appeals for the Ninth Circuit · Jul 30, 2009
The FECA also established the FEC with six voting members, no more than three of whom may be affiliated with the same political party. Id. § 437c(a)(l). … The absence of a referral is not tantamount to a grant of immunity. IV.
Cited 12 timesPublished117 F.3d 1426 · Court of Appeals for the Ninth Circuit · Jul 7, 1997
We also review de novo the application of qualified immunity. Washington v. … Hawaii, 39 F.3d 1021, 1027 (9th Cir.1994) (burden on plaintiff to prove asserted right was clearly established); Anderson v.
Cited 0 timesUnpublished628 F.3d 1191 · Court of Appeals for the Ninth Circuit · Jan 4, 2011
claim to standing depends on Proponents’ particularized interests created by state law or their authority under state law to defend the constitutionality of the initiative, which rights it appears to us have not yet been clearly … Eu, 31 Cal.3d 1 , 181 Cal.Rptr. 100 , 641 P.2d 200 (1982) (challenge to signatures qualifying measure for the ballot); Vandeleur v.
Cited 8 timesPublishedHiawatha Cornish v. City of Los Angeles, Department of Water and Power
15 F.3d 1084 · Court of Appeals for the Ninth Circuit · Feb 2, 1994
We must affirm the district court unless its finding is clearly erroneous. … MEs) with the racial composition of the qualified labor pool (i.e. individuals qualified to become MEs) are in the 1986 report by the City's Personnel Department.
Cited 0 timesPublishedCourt of Appeals for the Ninth Circuit · Dec 12, 2008
Both schools also qualified as organizations described in I.R.C. § 170(b)(1)(A), which allows donors to deduct charitable donations to qualify- ing institutions. … It established that the Closing Agreement “allows individuals to claim, as chari- table contributions, 80 percent of the cost of qualified reli- gious services.” Id.
Cited 0 timesPublished37 F.3d 1506 · Court of Appeals for the Ninth Circuit · Oct 6, 1994
The district court dismissed the complaint, concluding that (1) Berlin was not a state actor subject to suit under section 1983; (2) the WCAB and its employees were immune from suit under the Eleventh Amendment; and (3) the … Edmondson Oil Co., 457 U.S. 922, 937 (1982) ("without a limit [on who qualifies as a state actor], private parties could face constitutional litigation whenever they seek to rely on some state rule governing their interactions
Cited 0 timesPublishedOstad v. Oregon Health Sciences University
327 F.3d 876 · Court of Appeals for the Ninth Circuit · Apr 28, 2003
We note that OHSU also has not raised and therefore has waived any possible claim of Eleventh Amendment immunity. … See In re Bliemeister, 296 F.3d 858, 861-63 (9th Cir. 2002) (holding that a state waived immunity by participating in bankruptcy proceedings without raising the immunity issue).
Cited 4 timesPublished509 F.3d 952 · Court of Appeals for the Ninth Circuit · Nov 20, 2007
See Lindsey, 877 F.2d at 782 . [18] The dissent speculates that "the officers would appear to be entitled to qualified immunity." Dissenting Opinion at 975, n. 9. … exist and continue until the end of the standoff, the officers would appear to be entitled to qualified immunity.
Cited 12 timesPublished381 F.3d 847 · Court of Appeals for the Ninth Circuit · Aug 24, 2004
This argument misapprehends the relationship of a minor’s application to that of a qualifying relative. If either Mr. … “[I]t is clearly our rule that when the IJ makes implicit credibility observations in passing, this does not constitute a credibility finding.” Kalubi v.
Cited 226 timesPublished244 F.2d 925 · Court of Appeals for the Ninth Circuit · Jan 16, 1957
If the written contract alone were considered, a joint venture was established thereby. … This is a broad guarantee and it covers many fields with which we are not presently concerned. 8 Specifically applied, however, it requires that the property of a third person is immune from seizure to enforce the liability
Declined to follow by Economy Plumbing & Heating Co. v. United States, 470 F.2d 585 (1972)Cited 23 timesPublished546 F.2d 281 · Court of Appeals for the Ninth Circuit · Nov 1, 1976
Although Congress clearly intended to have the safety officers present their credentials to employers before beginning their inspection, Congress did not express an intent to immunize violations discovered before the presentation … out the purposes of this chapter, the Secretary, upon presenting appropriate credentials to the owner, operator, or agent in charge, is authorized— (1) to enter without delay and at reasonable times any factory, plant, establishment
Cited 16 timesPublishedUnited States v. Diego-Barrera
262 F. App'x 830 · Court of Appeals for the Ninth Circuit · Jan 7, 2008
We held that the record in the district court was insufficient to establish, by clear and unequivocal evidence, that the prior convictions had been based on all of the elements of a qualifying predicate offense. Id. … In that disposition, we stated: “Considered with the abstract of judg *832 ment, the narrow charge that Diego ‘did unlawfully possess for sale a controlled substance containing heroin’ establishes clearly and unequivocally
Cited 0 timesPublished767 F.2d 1448 · Court of Appeals for the Ninth Circuit · Aug 23, 1985
In addition, the Board failed clearly to articulate the basis for its refusal to grant Arguello-Salguera relief under section 243(h). We reverse that determination as well. I. FACTS A.. … However, in Stevie the Court, while not deciding the question, clearly alerted the circuit courts and the Board to the distinct possibility that there is a significant difference between the two tests.
Cited 140 timesPublishedIsaac Ramirez v. R.A. Castro, Warden
365 F.3d 755 · Court of Appeals for the Ninth Circuit · Apr 27, 2004
The gross disproportionality principle is the only “governing legal principle” that is “clearly established” for pur *774 poses of our AEDPA review of the state court’s decision. … We begin our AEDPA analysis by noting that the California Court of Appeal’s decision is not “contrary to” clearly established federal law, as the Supreme Court has defined that term.
Cited 94 timesPublishedJeanine Liberti v. City of Scottsdale
Court of Appeals for the Ninth Circuit · Jun 5, 2020
] the right was clearly established at the time of the alleged violation.” … established right.”
Cited 0 timesUnpublished24 F.3d 1127 · Court of Appeals for the Ninth Circuit · May 18, 1994
“[T]he principle that private action is immune from the restrictions of the Fourteenth Amendment is well established.” Jackson v. Metropolitan Edison Co., 419 U.S. 345, 349 , 95 S.Ct. 449, 453 , 42 L.Ed.2d 477 (1974). … Other courts have found a qualified privilege to exist under similar circumstances. See e.g., Alford v.
Cited 760 timesPublishedCourt of Appeals for the Ninth Circuit · Apr 10, 2006
Section 2254(d)(1): Clearly Established Supreme Court Precedent To establish a basis for relief on this ground, Davis must first show that there is “clearly established Federal law, as determined by the Supreme … Conclusion Davis does not qualify for habeas relief under § 2254(d)(1) because there is no clearly established Supreme Court prece- dent governing ineffective assistance of counsel claims in the noncapital sentencing
Cited 0 timesPublished
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