Case law

Chester Nelson v. People of the State of California, Robert A. Heinze, Warden

346 F.2d 73 · Court of Appeals for the Ninth Circuit · Jun 22, 1965

The District Court, however, concluded that Nelson had deliberately by-passed established state procedure whereby he could have raised his constitutional claims, and denied the writ on that ground. Fay v. … and ability to deliver him from the powerful forces of the law enforcement officers, the district attorney and the court, who had combined their powerful skills together to deprive said Appellant of rights, privileges and immunities

Stratman v. Leisnoi Inc

Court of Appeals for the Ninth Circuit · Oct 6, 2008

To qualify as a “native village” under ANCSA, the Secre- tary must determine that: (A) twenty-five or more Natives were residents of an established village on the 1970 census enumeration date as shown by the … Congress clearly had the authority to designate Leisnoi an eli- gible village and to confer upon Leisnoi public lands.

In Re Grand Jury Proceedings. James Richard Scarce, Witness-Appellant v. United States

5 F.3d 397 · Court of Appeals for the Ninth Circuit · Sep 17, 1993

After Scarce declined to be interviewed by the Government, he was granted immunity pursuant to 18 U.S.C. § 6001 and subpoenaed to appear before the grand jury in February, 1993. … Although Justice Powell wrote a separate concurrence, he also signed Justice White’s opinion, providing the fifth vote necessary to establish it as the majority opinion of the court.

Carpenters Southern California Administrative Corp. v. Russell

726 F.2d 1410 · Court of Appeals for the Ninth Circuit · Feb 28, 1984

(Russell) established a contracting business as a sole proprietor under the name Larry Russell Construction. … Such factors clearly permit consideration of the circumstances that Carpenters Southern argues should be controlling.

Frank S. Watts and Barbara M. Watts v. United States

703 F.2d 346 · Court of Appeals for the Ninth Circuit · Jan 27, 1983

Commissioner, 72 T.C. 715, 719-720 (1979), upon which Watts relies, clearly demonstrates. … This court agreed that the company’s plan, as a profit-sharing, qualified for tax treatment under § 401.

UNITED STATES of America, Plaintiff-Appellee, v. Robert John COLLINS, Defendant-Appellant

109 F.3d 1413 · Court of Appeals for the Ninth Circuit · Mar 27, 1997

Employing another person to perform a criminal act does not immunize the principal from the acts of his agent. See United States v. … Collins contends that the jury’s verdict that Collins was guilty of count 4 cannot be relied upon as establishing that he acted with the intent to murder.

United States v. Hilgers

Court of Appeals for the Ninth Circuit · Mar 11, 2009

Furthermore, section 2B1.1(b) of the Guidelines was clearly written with the assumption that the amount of loss could be ascertained. … Ascribing a loss of $0 to Hilgers’ conduct because the losses may or may not happen clearly understates the seriousness of the violation.

Dhl Corporation v. Civil Aeronautics Board

584 F.2d 914 · Court of Appeals for the Ninth Circuit · Oct 26, 1978

To the extent that the Board’s statement or finding goes beyond a reference to the § 416(a) classification power, it is clearly erroneous. … We quote therefrom: “A new section 418 is added to the Act establishing certificates for all-cargo air service.

Employers Insurance of Wausau v. National Union Fire Insurance Co. of Pittsburgh

933 F.2d 1481 · Court of Appeals for the Ninth Circuit · May 20, 1991

, we are properly qualified, as well. … , we are properly qualified, as well.

United States v. Coronado

603 F.3d 706 · Court of Appeals for the Ninth Circuit · May 3, 2010

Negligent or reckless conduct does not qualify. The California statute in question penalizes conduct that is only grossly neg- ligent. … The Sentencing Guidelines at § 2K2.1 establish an enhancement for a prior conviction that is a “crime of violence.” That provision incorporates by reference the definition of “crime of violence” found at U.S.

United States v. Steven G. Huggins Vicki Jo Jensen Dahcota Whip Hagen Rhonda Taylor

299 F.3d 1039 · Court of Appeals for the Ninth Circuit · Aug 6, 2002

We therefore conclude that the magistrate judge did not clearly err in granting the second warrant. … And the mere fact of filiation did not immunize Hagen’s property from search in the face of probable cause to believe that it was being put to illicit use.

In Re Ben W. Allustiarte, and Linda M. Allustiarte, Debtors. W. Austin Cooper, as Trustee of Ben W. Allustiarte and Linda M. Allustiarte v. Gregory R. Allustiarte, Beneficiary, Benjamin A. Allustiarte, Beneficiary, Marianne Allustiarte Pack, Beneficiary, in Re Ben W. Allustiarte, and Linda M. Allustiarte, Debtors. W. Austin Cooper, as Trustee of Ben W. Allustiarte and Linda M. Allustiarte v. Gregory R. Allustiarte, Beneficiary, Benjamin A. Allustiarte, Beneficiary, Marianne Allustiarte Pack, Beneficiary

786 F.2d 910 · Court of Appeals for the Ninth Circuit · Apr 7, 1986

In addition, testimony at trial established that the assets of the family trusts never approached the amount of the alleged loans. … The trial court's finding that the amount of $347,487 is now owing to the debtors is not clearly erroneous. E.

26 Fair empl.prac.cas. 727, 26 Empl. Prac. Dec. P 32,022 George Wiltshire, on Behalf of Himself and All Others Similarly Situated v. Standard Oil Company of California

652 F.2d 837 · Court of Appeals for the Ninth Circuit · Nov 20, 1981

resolution was not clearly foreshadowed .... … In Bowen we first applied a threshold test to determine whether the decision at issue established a new rule. If a new rule was established, we then applied a three-pronged analysis set out in Stovall v.

Nicanor-Romero v. Mukasey

523 F.3d 992 · Court of Appeals for the Ninth Circuit · Apr 24, 2008

However, the BIA has also stated that a crime may qualify as one of moral turpitude even if the offense is malum prohibitum or does not require the prosecution to establish specific intent. … Even brief touching of a child’s shoulder qualifies as annoying conduct under the actus reus requirement of § 647.6(a).

Brezilien v. Holder

Court of Appeals for the Ninth Circuit · Jun 18, 2009

Nevertheless, the IJ noted that Brezilien had been granted asylum in 1993, and at that time had established a well-founded fear of persecution. … The BIA improperly relied upon its own factual findings to conclude that Brezilien had not established a well-founded fear of future persecution, had not established that it is more likely than not that he will suf- fer persecution

Eddie Frias v. G. Marshall

580 F. App'x 552 · Court of Appeals for the Ninth Circuit · Jun 23, 2014

2003), was part of the procedural due process claim that Frias preserved for trial, the fact that neither the district judge nor the jury considered whether there was “some evidence,” bearing “indicia of reliability,” to establish … For the same reason, we affirm the district court’s holding that Marshall was entitled to qualified immunity.

Adair v. City Of Kirkland

175 F.3d 707 · Court of Appeals for the Ninth Circuit · Apr 30, 1999

The court rejected the officers' overtime argument by finding that the City qualified for a limited "7(k) exemption" from the FLSA's normal overtime provisions. 12 The district court's ruling defeated most of the officers … While the officers argue that the issue is preserved for appeal because it was necessarily decided by the court below, this is clearly incorrect.

County of Santa Clara v. Astra USA, Inc.

540 F.3d 1094 · Court of Appeals for the Ninth Circuit · Aug 27, 2008

We are therefore persuaded that the PPA, on its face, was clearly intended to benefit the covered entities directly. … The PPA establishes different discounts for other classes of drugs that are not relevant here. See PPA §§ II(b)-(c). 5 .

Buono v. Kempthorne

502 F.3d 1069 · Court of Appeals for the Ninth Circuit · Sep 5, 2007

NPS determined that neither the cross nor the property on which it is situated qualifies for inclusion in the National Reg- ister of Historic Places. … The government has failed to show that this determination is either clearly errone- ous or an abuse of discretion. 2.

Nozzi v. Housing Authority

806 F.3d 1178 · Court of Appeals for the Ninth Circuit · Nov 30, 2015

When an individual is approved, the public housing agency gives that person a voucher which entitles him to search for qualifying privately-owned housing. 24 C.F.R. § 982.302. … On its face, it was clearly inadequate and failed to provide notice in a form that Section 8 recipients could comprehend.