Case law

James Ewing v. J. D. Williams, Warden, Metropolitan Correctional Center (United States of America, Real Party in Interest)

596 F.2d 391 · Court of Appeals for the Ninth Circuit · May 7, 1979

The court’s finding that Ewing’s counsel proceeded to trial totally unprepared is a finding of fact and cannot be upset on appeal unless “clearly erroneous.” Fed.R.Civ.P. 52(a). … Upon reviewing the record, we cannot say that this finding is clearly erroneous.

Robert Douglas Smith v. Terry Stewart, Director, Arizona Department of Corrections

241 F.3d 1191 · Court of Appeals for the Ninth Circuit · Mar 6, 2001

Such a holding does not satisfy the requirement that a state court clearly and explicitly invoke a state procedural rule to bar federal habeas review. … When the time came to argue to the court that Smith’s life was worth sparing, his lawyer asserted that the best mitigating factor in the case was Foreman’s immunity agreement.

Gallo Cattle Co. v. California Milk Advisory Board

167 F.3d 1247 · Court of Appeals for the Ninth Circuit · Feb 11, 1999

The Agricultural Marketing Agreement Act of 1937 (“AMAA”) was enacted by Congress “to establish and maintain orderly marketing conditions and fair prices for agricultural commodities.” Id. at 2134. … The Order explicitly allows CMAB to “establish and regulate the permissive use of’ certification marks, and provides that a certification mark “shall not be construed as a private brand or trade name.”

United States v. Theodore Albert Geyler

932 F.2d 1330 · Court of Appeals for the Ninth Circuit · May 13, 1991

Cardoza-Fonseca, 480 U.S. 421 , 432 n. 12, 107 S.Ct. 1207 , 1213 n. 12, 94 L.Ed.2d 434 (1986). 8 Here, the legislative history manifestly fails to establish the “clearly expressed legislative intention” necessary to the adoption … The legislative history *1332 is clearly inadequate to overcome the statute’s plain meaning. V.

United States v. Guadalupe A. Martinez, United States of America v. Paul Mata, United States of America v. Eduvijes Yanez Roman, United States of America v. John Louis Rios

5 F.3d 542 · Court of Appeals for the Ninth Circuit · Aug 26, 1993

We do not find this conclusion to be clearly erroneous. … As to inquiry (3), the statements clearly were "cumulative or impeaching."

United States v. Robert C. McCormick

502 F.2d 281 · Court of Appeals for the Ninth Circuit · Sep 16, 1974

in this area is that ‘searches [and seizures] conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment — subject only to a few specifically established … The return of the contraband would clearly have frustrated the express public policy against the possession of such objects. . . .

The Wilderness Society and the Alaska Center for the Environment v. United States Fish and Wildlife Service, an Agency of the United States

316 F.3d 913 · Court of Appeals for the Ninth Circuit · Jan 13, 2003

Under the familiar deference test established in Chevron U.S.A., Inc. v. … Weltover, 504 U.S. 607, 612 , 112 S.Ct. 2160 , 119 L.Ed.2d 394 (1992) (interpreting "commercial” in context of the Foreign Sovereign Immunities Act, 28 U.S.C. § 1603 (d)).

Bockting v. Bayer

Court of Appeals for the Ninth Circuit · Oct 12, 2007

Bockting has not dem- onstrated the state court’s adjudication on the merits: “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by … He argues that the state court decision involved an unreasonable application of clearly established federal law and was based on an unreasonable determination of the facts.

Church of Scientology of California v. Commissioner of Internal Revenue

823 F.2d 1310 · Court of Appeals for the Ninth Circuit · Jul 28, 1987

The letter establishes the post of “LRH accounts officer” to monitor collection of debt repayments. The Church argues that the Tax Court’s finding of continued debt repayments is clearly erroneous. … The policy letter establishing the post of “LRH accounts officer” was canceled two days after it was promulgated.

Victor Manuel Renderos v. Stuart Ryan, Warden, California State Prison, Calipatria

469 F.3d 788 · Court of Appeals for the Ninth Circuit · Nov 8, 2006

Therefore, we cannot conclude that the Court of Appeal misapplied clearly established Supreme Court precedent. B. … Thus, the California Court of Appeal’s denial of relief was neither contrary to, nor an unreasonable application of, clearly established Supreme Court precedent in holding that CAL. PEN.

Social Technologies LLC v. Apple Inc.

4 F.4th 811 · Court of Appeals for the Ninth Circuit · Jul 13, 2021

We held that this conduct sufficiently established bona fide use in commerce. Id. at 1160. … The evidence in the record before us clearly shows Social Tech’s use of the MEMOJI mark was not bona fide use in commerce. i.

Adams v. Howerton

673 F.2d 1036 · Court of Appeals for the Ninth Circuit · Feb 25, 1982

Section 201(a) of the Act establishes immigration quotas and a system of preferential admissions based upon the existence of close family relationships. … No. 748, 89th Cong., 1st Sess., reprinted in, [1965] U.S.Code Cong. & Ad.News 3328, 3343, clearly express an intent to exclude homosexuals. See Boutilier v.

Elsayed Mukhtar v. California State University, Hayward

299 F.3d 1053 · Court of Appeals for the Ninth Circuit · Aug 7, 2002

At trial, both sides presented witnesses who testified as to whether Elsayed was qualified for a tenured appointment. Dr. … Wellman's testimony, that would tend to establish pretext. 13 Six CSUH professors testified that they believed Elsayed was qualified for a tenure appointment, and Dr.

Johnson v. Barker

799 F.2d 1396 · Court of Appeals for the Ninth Circuit · Sep 18, 1986

The citations received by appellants were for violating an executive order that established restricted access zones around the mountain. … Because we so find, we need not address the various privilege and immunity defenses raised. The judgment of the district court is AFFIRMED.

Allen v. Woodford

Court of Appeals for the Ninth Circuit · Jan 24, 2005

Hunter, 49 Cal. 3d 957, 974 (1989) (rec- ognizing Virgin Islands as “the one case which has clearly recognized [judicially conferred immunity]”). b. … Selective Immunization of Witnesses [5] There is no evidence to support Allen’s claim that the prosecutor selectively granted immunity. Allen argues the  ALLEN v.

O'Guinn v. McDaniel

Court of Appeals for the Ninth Circuit · Sep 5, 2007

O’Guinn’s complaint clearly pleaded ADA and Rehabilitation Act statutory violations. … But “courts should not undertake to infer in one cause of action when a complaint clearly states a claim under a different cause of action.

United States v. Edward D. Patterson, Richard L. Flintoff, Jimmie R. Oglesby, and Gregory C. Martinson

648 F.2d 625 · Court of Appeals for the Ninth Circuit · Jun 15, 1981

Dela Rosa, 644 F.2d 1257 at 1260 (9th Cir. 1981) (per curiam). 14 Wood clearly was an informant. … Johnson, the initial detention in that case was clearly a prelude to custodial interrogation.

Farchione Motors, Inc. v. Volkswagen Group of America

Court of Appeals for the Ninth Circuit · Sep 10, 2020

City of San Diego, 704 F.3d 1067, 1086 (9th Cir. 2012) (assuming plaintiffs can qualify as third-party beneficiaries of leases); Lucas v. … Such a finding was not clearly erroneous.

Lopez v. Smith

203 F.3d 1122 · Court of Appeals for the Ninth Circuit · Feb 10, 2000

Congress has not, however, clearly stated that dismissal must be without leave to amend. … Because Lopez alleged a deprivation longer than the one in Allen , it qualifies as long term. Thus, he was not required to show adverse medical effects. . In their brief to the panel in Lopez v.

The Estate of Cecil Elkins. Jr v. Hipolito Pelayo

Court of Appeals for the Ninth Circuit · Jun 14, 2018

judgment rules related to the doctrine of qualified immunity. … show that the officer’s conduct violated a constitutional right, and (2) that right was ‘clearly established’ at the time of the violation.”