Case law

United States v. Ray Owen Slaughter

891 F.2d 691 · Court of Appeals for the Ninth Circuit · Nov 22, 1989

Slaughter failed to establish that the investigation was motivated by improper purposes. B. Denial of the Admission of Out-Of-Court Statements of Robin Kenny 1. … In North , in a case of first impression, we approved the supplemental instruction on continuing entrapment because initial entrapment, assuming it exists, does not immunize a defendant from criminal liability for subsequent

Darrell Bedoni v. Navajo-Hopi Indian Relocation Commission

878 F.2d 1119 · Court of Appeals for the Ninth Circuit · Jun 20, 1989

On internal administrative appeal, Darrell's contacts were described as "so tangential as to be ephemeral" and "clearly recreational and social." … The applicant must also qualify as a resident as a threshold matter. See NHIRC Management Manual Sec. 206.6.

Steeves v. United States

Court of Appeals for the Ninth Circuit · Jan 23, 2026

United States, 568 F.3d 1073, 1075 (9th Cir. 2009) (explaining that § 7609(b)(2) constitutes the government’s consent to waive sovereign immunity and that limitations on that consent “must be strictly observed” (citation … The district court did not clearly err by granting the motion to enforce because the IRS met its burden of establishing its prima facie case for enforcement of the summons, and Steeves failed to rebut that showing.

William Tedards, Jr. v. Doug Ducey

951 F.3d 1041 · Court of Appeals for the Ninth Circuit · Feb 27, 2020

But neither does the report offer an interpretation of the proviso that would clearly prohibit this. … The law therefore required a false statement regarding political views and clearly discriminated against candidates from new and small parties. Id. at 445–46.

Tin Cup, LLC v. US Army Corps of Engineers

904 F.3d 1068 · Court of Appeals for the Ninth Circuit · Sep 21, 2018

Tin Cup argued that the site’s permafrost cannot qualify as wetlands under the 1987 Manual. … The Corps’ wetlands determination included about 200 acres of permafrost, which it found qualified as a wetland using the Alaska Supplement.

Rooney v. United States

203 F. 928 · Court of Appeals for the Ninth Circuit · Mar 10, 1913

The charges against the plaintiff in error clearly come within the class of charges mentioned in the section above set forth. … Of course, if the crime he committed through the instrumentality of another, the acts of such instrument essential to establish the guilt of the person on trial must be shown.

UNITED STATES of America, Plaintiff-Appellee, v. Kenny CONWAY, Defendant-Appellant

122 F.3d 841 · Court of Appeals for the Ninth Circuit · Aug 29, 1997

He also contends that the officers had no justification for continuing to search after his residence at that address was clearly established. … DIR 904-F does not permit probationers to immunize their bedrooms from search simply by sharing them with another person. • Because Conway’s state law arguments are either meritless or waived on appeal, I need not confront

UNITED STATES of America, Plaintiff-Appellee, v. Jose Hernandez GARCIA, Defendant-Appellant

112 F.3d 395 · Court of Appeals for the Ninth Circuit · Apr 21, 1997

One statute establishes a minimum period of supervised release that is identical to the maximum term of supervised release set by the other statute. … See 21 U.S.C. § 841 (b)(1)(C). 4 As Ms drug offense carried a maximum term of imprisonment of more than ten, but less than twenty-five years, Garcia’s conviction qualified as a so-called Class C felony.

Kahre v. United States District Court for District of Nevada

289 F. App'x 169 · Court of Appeals for the Ninth Circuit · Aug 1, 2008

Petitioner establishes the first two factors, and the last two factors do not apply here. See id. at 816-17, 820, 823 n. 13. … The district court failed to conduct “inquiries ... important to [a] decision that a compelling purpose would be served by denying the defendant his qualified constitutional right to hire counsel of his choice.”

United States v. Kevin Peterson

902 F.3d 1016 · Court of Appeals for the Ninth Circuit · Sep 4, 2018

“[I]nevitable discovery rulings are mixed questions [of law and fact] that . . . should be reviewed under a clearly erroneous standard.” United States v. Lang, 149 F.3d 1044, 1047 (9th Cir. 1998). … The exclusionary rule does not apply, however, if the government establishes by a preponderance of the evidence that the unlawfully obtained information “ultimately or inevitably would have been discovered by lawful means

Jacquelynn Nickler v. County of Clark

Court of Appeals for the Ninth Circuit · Oct 24, 2018

entitled to qualified immunity except as to Nickler’s request for injunctive relief, see Presbyterian Church (U.S.A.) v. … However, this obligation was not clearly established at the time of the searches, cf. id. at 958, so defendants are entitled to qualified immunity except as to Nickler’s request for injunctive relief, see Presbyterian Church

Steuer v. Pool Co.

75 F. App'x 667 · Court of Appeals for the Ninth Circuit · Sep 17, 2003

Yet despite the fact that Pool’s toxicology expert concluded that Steuer’s blood-alcohol level at the time of the accident was below the level qualifying as “intoxication” under Alaska law, the benefits were denied. … After its toxicologist failed to establish that Steuer was legally intoxicated, Pool’s decision-makers inconsistently and subjectively defined “intoxication,” with definitions ranging from the legal limit of 0.10% to 0.04%

Elsayed Mukhtar v. California State University

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.

United States v. Toby C. Patterson

292 F.3d 615 · Court of Appeals for the Ninth Circuit · May 16, 2002

Gil, 58 F.3d 1414, 1418 (9th Cir.1995). ■ Patterson does not establish that the magistrate clearly erred in finding probable cause to issue the search warrant. ■ On the contrary, the totality of the circumstances justified … Patterson also contends that Barney was not qualified as an expert on marijuana. We review the district court’s decision to admit expert testimony for an abuse of discretion. See United States v.

Taslimi v. Holder

590 F.3d 981 · Court of Appeals for the Ninth Circuit · Jan 4, 2010

The IJ also found Taslimi eligible for protection under the Convention Against Torture, finding Taslimi met her burden of establishing that it was more likely than not that she would be tortured if returned to Iran. … Although the IJ referred to this period as being “two or three days short of six months," it is clearly a period just shy of seven months.

Maloney v. Spencer

172 F.2d 638 · Court of Appeals for the Ninth Circuit · Feb 11, 1949

Aside from the directors’ qualifying shares, taxpayer owned all the shares of these corporations. … Thus these two corporations started with an established business, but without cash for their operating expenditures.

Gonzales v. Department of Homeland Security

508 F.3d 1227 · Court of Appeals for the Ninth Circuit · Nov 30, 2007

Here the agency has spoken clearly through the policy statement contained in the Interoffice Memorandum and its application of this policy in a number of cases. … The BIA’s decision is clearly reasonable and is therefore entitled to Chevron deference under Brand X .

B.S. v. Placentia-Yorba Linda Unified School District

306 F. App'x 397 · Court of Appeals for the Ninth Circuit · Jan 5, 2009

The District requested a due process hearing to establish that the individualized educational plan (“IEP”) developed for B.S. and placement offer for the 2005-2006 school year was adequate. … The issues to be tried were clearly laid out in the Prehearing Conference Order, and witness lists had been exchanged.

Edwin Hardeman v. Monsanto Company

997 F.3d 941 · Court of Appeals for the Ninth Circuit · May 14, 2021

The cases on which the district court relied do not establish otherwise. … NHL is a cancer that affects white blood cells in the immune system.

Elliott v. Bumb

356 F.2d 749 · Court of Appeals for the Ninth Circuit · Mar 22, 1966

Elliott is the duly appointed, qualified, and acting trustee of Van's estate. Security filed a petition under the provisions of Chapter XI of the Bankruptcy Act on January 16, 1964, and its bankruptcy was adjudicated. … so clearly anticipated in the agreement precisely defining their trust quality and manner of handling.