Case law

United States v. Claudio Romo-Chavez

681 F.3d 955 · Court of Appeals for the Ninth Circuit · May 23, 2012

Clause or the Federal Rules of Evidence prohibit the government from introducing at trial a defendant’s admissions to a police officer because the translator who facilitated them, while conversationally fluent, would not qualify … The district court found that Officer Hernandez had no motive to distort the translation, and Romo-Chavez presents no reason why this finding was clearly erroneous.

Merriman H. Holtz and Helene Tyroll Holtz v. Commissioner of Internal Revenue

256 F.2d 865 · Court of Appeals for the Ninth Circuit · Jun 12, 1958

Once it is established that the correct legal standard was applied by the Tax Court, the issue of whether petitioner was engaged in a trade or business is one of fact and subject to the clearly erroneous rule of F.Rules Civ.P … Petitioner relies on the line of cases which hold that a stockholder’s loan to one of his corporations may qualify as a business bad debt if the stockholder was engaged in promoting, organizing, financing and managing business

Bell v. Uribe

748 F.3d 857 · Court of Appeals for the Ninth Circuit · Sep 5, 2013

IV A The petitioners argue that the California Court of Appeal’s decision, upholding the dismissal of Juror No. 7, was contrary to and an unreasonable application of clearly established federal law because the juror’s use … In the absence of established precedent, the California Court of Appeal’s determination that the trial court properly discharged Juror No. 7 for cause was neither contrary to, nor an unreasonable application of, clearly established

James Polakof v. Commissioner of Internal Revenue, Roy C. Peterson v. Commissioner of Internal Revenue, Lee E. Schwartz and Vera J. Schwartz v. Commissioner of Internal Revenue, Roman J. And Lorraine A. Oleynik v. Commissioner of Internal Revenue, David and Frances Stevenson v. Commissioner of Internal Revenue, Arlin Blackwell and Sharon Blackwell v. Commissioner of Internal Revenue, Clarence H. Steinhebel Gertrude Steinhebel Michael A. Baker Sue B. Baker Leonard A. Vinci Ken B. Teakle Marilyn L. Teakle John Ferreri June Ferreri Dean S. Merrick Marilyn Merrick Francis X. Driscoll Patricia B. Driscoll v. Commissioner of Internal Revenue

820 F.2d 321 · Court of Appeals for the Ninth Circuit · Jun 30, 1987

"[O]bjective indicia may be cited to establish the taxpayer's true intent." Id. at 726 (citing Treas.Reg. Secs. 1.183-2(a) & (b)(1972)). 8 These ventures were undertaken in an unbusinesslike manner. … Sec. 163 (a).CONCLUSION 14 The decision of the Tax Court is AFFIRMED. 8 1 Petitioners must be engaged in a trade or business with an actual profit objective to qualify for deduction of ordinary and necessary expenses and

Gibson v. United States

781 F.2d 1334 · Court of Appeals for the Ninth Circuit · Jan 30, 1986

The defendants are not prejudiced by enforcing the limitations rule prevailing at the time of their alleged wrongful acts. *1340 Accordingly, because the equities clearly favor the plaintiff, we hold under Chevron that Wilson … Federal officers acting under federal authority are immune from suit under section 1983 unless the state or its agents significantly participated in the challenged activity. See Green v.

John N. Begay and His Wife, Mable Lee Begay Kee Atcitty Bob B. Begay and His Wife, Mae Begay v. United States of America, Phillip Anderson, Marry John Badoni, Hoskie R. Barton, Clyde Begay, Harvey Lee Begay and Herbert N. Begay v. United States

768 F.2d 1059 · Court of Appeals for the Ninth Circuit · Aug 13, 1985

Coinciding with the immunity afforded to subordinates when carrying out the decisions of higher officials, the discretion of those officials themselves is protected. … These decisions are clearly within the ambit of the Supreme Court's decision in Varig covering regulatory agencies.

Scott A. Walker v. Roger Endell, Director, of the Alaska Department of Corrections

850 F.2d 470 · Court of Appeals for the Ninth Circuit · Jun 27, 1988

Willhite, who was granted immunity in return for testimony against Walker, also testified that Hopkins changed the plan by drawing his gun, and that Willhite feared Hopkins. … The trial judge clearly knew that' Walker was acquitted of the murder charge, and thus knew to treat the facts with caution.

Espectacion Bolanos-Hernandez v. Immigration & Naturalization Service

767 F.2d 1277 · Court of Appeals for the Ninth Circuit · Jun 14, 1985

who qualifies under section 208(a) may have only established the existence of a valid reason for fear. 13 Rather than evaluating Bolanos’ section 208(a) and section 243(h) claims separately, the Immigration Judge and Board … The evidence clearly shows that the guerrillas have the ability and the will to carry out their threats. B.

Bible v. Schriro

Court of Appeals for the Ninth Circuit · Jul 1, 2009

We must deny a habeas petition unless the state court’s adjudication of the claims resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law as determined by … The Supreme Court need not apply a specific legal rule to an identical fact pattern as in the instant case for that rule to qualify as clearly estab- lished law. Panetti v. Quarterman, 127 S. Ct. 2842, 2858 (2007).

Tall v. Mukasey

Court of Appeals for the Ninth Circuit · Feb 26, 2008

“To determine whether a conviction is for a crime involving moral turpitude, we apply the categor- ical and modified categorical approaches established by the Supreme Court.” Navarro-Lopez v. … “A crime having as an element the intent to defraud is clearly a crime involving moral turpitude.” Id. (internal quotation omitted).

Anthem Electronics, Inc. v. Pacific Employers Insurance Company, a California Corporation Federal Insurance Company, an Indiana Corporation

302 F.3d 1049 · Court of Appeals for the Ninth Circuit · Sep 5, 2002

to the failure of Anthem’s circuit boards qualifies as “property damage”; and (C) the impaired property exclusion applies to exclude coverage. … Anthem’s defective boards clearly caused “property damage” to other property, as that term is defined in the policies.

United States of America, Plaintiff-Respondent v. Terry Louis Gann

732 F.2d 714 · Court of Appeals for the Ninth Circuit · May 3, 1984

To do so would allow convicted felons “to establish armories where all their weapons would be kept ... … Demarco, 550 F.2d 1224 (9th Cir.1977), while others deem the issue to be one of mixed law and fact, calling for the application of the clearly erroneous standard. See, e.g., United States v.

In Re: Clifton Capital Group, LLC v. Bradley Sharp

80 F.4th 901 · Court of Appeals for the Ninth Circuit · May 8, 2023

Roscoe’s. 2 And numerous songs have memorialized the restaurant, including one by Ludacris who suggests that the listener “roll to Roscoe’s and grab somethin’ to eat.” 3 Despite its cultural ubiquity, even Roscoe’s was not immune … SHARP that “there are not sufficient funds to pay back all the creditors,” is clearly erroneous. E. Coast Foods, 2019 WL 6893015, at *3.

Conchita Alicia Figueras Romero v. Immigration and Naturalization Service

39 F.3d 977 · Court of Appeals for the Ninth Circuit · Nov 3, 1994

In exchange, he received immunity from prosecution and a work authorization. Later, at Romero’s deportation hearing, de Leon testified that Romero had mentioned $300 to $400 or even more. … On appeal, the BIA deferred to the IJ’s credibility findings and held that the INS had established that Romero gave false information to an INS agent in violation of 8 C.F.R. § 214.1 (f), and was deportable under 8 U.S.C.

Love v. Reilly

924 F.2d 1492 · Court of Appeals for the Ninth Circuit · Feb 1, 1991

Therefore, the NWFPA has met its burden of proof by establishing that the association satisfies the eligibility requirements set out in 28 U.S.C. … Because we clearly decided the case on the attorney's lack of emphasis in the environmental field, our indefinite language regarding environmental litigation as a specialty is mere dicta. 42 Therefore, circuit precedent does

Robert Mann, Sr. v. City of Sacramento

Court of Appeals for the Ninth Circuit · Jun 14, 2022

We review de novo a district court’s denial of qualified immunity on a Rule 12(b)(6) motion to dismiss. Dunn v. Castro, 621 F.3d 1196, 1198 (9th Cir. 2010). … constitutional right’; and (2) ‘whether the right was clearly established.’”

Robert Leppaluoto Judina Leppaluoto v. United States

972 F.2d 1340 · Court of Appeals for the Ninth Circuit · Aug 17, 1992

Qualified Immunity 11 The Leppaluotos contend the district court erred by finding that the Leppaluotos had failed to state a claim against the remaining defendants who, as government officials, were entitled to qualified … This contention lacks merit. 12 Government officials sued under Bivens are entitled to qualified immunity "from liability for civil damages insofar as their conduct does not violate clearly established ... constitutional

Artichoke Joe's California Grand Casino v. Gale A. Norton

353 F.3d 712 · Court of Appeals for the Ninth Circuit · Dec 22, 2003

establishments. … The plaintiffs, who were bar owners whose establishments did not qualify for the exception, alleged that the discriminatory application of the exception amounted to a denial of equal protection. 133 Rejecting that challenge

Cunico v. Pueblo School District No. 60

917 F.2d 431 · Court of Appeals for the Ninth Circuit · Oct 19, 1990

Our review of the trial court’s findings of fact is guided by the clearly erroneous standard. … Hunter was earmarked for a black person to the exclusion of all other qualified persons.

Pyramid Technologies, Inc. v. Hartford Casualty Insurance Co

Court of Appeals for the Ninth Circuit · May 19, 2014

It is not necessary for Spiegel’s report to establish every element of Pyramid’s claim in order for it to be admissible in evidence. … Under California law, to establish a breach of the implied  PYRAMID TECH. V. HARTFORD CAS. INS.