Case law

United States v. Lynda L. Transfiguracion, United States of America v. Thuy Dao

442 F.3d 1222 · Court of Appeals for the Ninth Circuit · Apr 5, 2006

The defendant understands that to establish a violation of importation of 100 grams of methamphetamine, the government must prove each of the following elements beyond a reasonable doubt: First: defendant knowingly[ 3 ] brought … Further, if the government had intended the “other non-violent offenses” phrase to refer only to uncharged offenses, we would expect to find the phrase qualified accordingly — e.g., by the addition of “but not charged.”

United States v. Pirouz Sedaghaty

728 F.3d 885 · Court of Appeals for the Ninth Circuit · Aug 23, 2013

The search warrant here was properly issued and clearly stated the locations to be searched and the items that could be seized. … immunity may constitute prosecu-torial misconduct.

United States v. Matthew Henry

688 F.3d 637 · Court of Appeals for the Ninth Circuit · Aug 9, 2012

[2] Heller did not specify the types of weapons that qualify as “dangerous and unusual,” but the Court stated that it would be “startling” for the Second Amendment to protect machine guns. Id. at 624. … Supreme Court precedent “firmly establishes Congress’ power to regulate purely local activities that are part of an economic ‘class of activities’ that have a substantial effect on interstate com- merce.” Id. at 17.

United States v. Freeman

498 F.3d 893 · Court of Appeals for the Ninth Circuit · Aug 20, 2007

First, “by qualifying as an ‘expert,’ the witness attains unmerited credibility when testifying about factual matters from first-hand knowledge.” Id. … Based upon his experience, Shin was qualified to offer expert testimony regarding the meaning of encoded drug jargon.

Wells v. Penney Company

250 F.2d 221 · Court of Appeals for the Ninth Circuit · Nov 20, 1957

As we proceed with the opinion further reference will be made to other pertinent facts as necessary. 13 The trial below having been by the district court without a jury findings of fact should not be set aside unless clearly … In 1940 when the Plan was established there were 1716 participants; at the end of the year 1953 there were 1955 participants.

Cristobal Hernandez, Jr. v. Janice Brewer

658 F. App'x 837 · Court of Appeals for the Ninth Circuit · Aug 26, 2016

Finally, the district court also properly granted summary judgment to Deputy Parry on qualified immunity grounds. See Hunter v. … We vacate judgments for fraud upon the court “with restraint and discretion . . . 4 and only when the fraud is established by clear and convincing evidence.”

Estate of Henry Barabin v. Astenjohnson, Inc.

740 F.3d 457 · Court of Appeals for the Ninth Circuit · Jan 15, 2014

Cohen was not qualified to testify as an expert and that his theory was not the product of scientific methodology. Asten-Johnson and Scapa argued that Dr. … Nevertheless, Rule 702 “clearly contemplates some degree of regulation of the subjects and theories about which an expert may testify.” Daubert, 509 U.S. at 589 , 113 S.Ct. 2786 (emphasis added).

In Re Robert T. Gustafson, Esquire

619 F.2d 1354 · Court of Appeals for the Ninth Circuit · May 30, 1980

On its face, Rule 42(a) establishes just two prerequisites to imposition of summary punishment, both relating to the direct nature of the contempt. … In Harris , a witness before a grand jury refused to answer certain questions after a grant of immunity under 18 U.S.C. § 6002 .

Donald Burchett v. Robert Bromps

380 F. App'x 568 · Court of Appeals for the Ninth Circuit · May 21, 2010

The district court did not address Burchett’s Establishment Clause claim in its order granting summary judgment. … AFFIRMED IN PART, VACATED IN PART, AND REMANDED. 4 We express no opinion on the merits of Burchett’s Establishment Clause claim or the defendants’ absolute and qualified immunity defenses, as the district

Mattel Inc., a Delaware Corporation v. Walking Mountain Productions, a California Business Entity Tom Forsythe, an Individual D/B/A Walking Mountain Productions, Mattel Inc., a Delaware Corporation v. Walking Mountain Productions, a California Business Entity Tom Forsythe, an Individual D/B/A Walking Mountain Productions

353 F.3d 792 · Court of Appeals for the Ninth Circuit · Dec 29, 2003

will qualify as one form of fair use Qualitex Co. v. … Welles, 279 F.3d 796 , 801 (9th Cir.2002). 20 The record does not clearly establish whether "Joe Mattel" ever existed.

Earp v. Ornoski

431 F.3d 1158 · Court of Appeals for the Ninth Circuit · Sep 7, 2005

“[A] federal habeas court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly.” … Circuit court precedent is relevant only to the extent that it clarifies what constitutes clearly established law. Casey v. Moore, 386 F.3d 896, 907 (9th Cir. 2004); see also Clark v.

Sazar Dent v. Jefferson Sessions

900 F.3d 1075 · Court of Appeals for the Ninth Circuit · Aug 17, 2018

The panel also concluded that Dent could not establish prejudice. … Lynch, 803 F.3d 1004, 1009 (9th Cir. 2015) (noting that, in determining whether a state crime qualifies as a crime of violence, we may rely solely on statutory text to establish the statute as overly inclusive).

Kendall-Jackson Winery, Limited v. E. & J. Gallo Winery, a California Corporation, Dba Turning Leaf Vineyards

150 F.3d 1042 · Court of Appeals for the Ninth Circuit · Jul 8, 1998

Kendall-Jackson failed to establish that its trade dress, as a matter of law, was nonfunctional and distinctive. … qualifying a mark for registration under § 2 when determining whether an unregistered mark is protectable under § 43(a), id. at 768, 112 S.Ct. 2753 (“It is common ground that the general principles qualifying a mark for

Jay R. Orme Julie Ann Orme v. United States of America, and Balyeat Law, P.C., as Trustee

269 F.3d 991 · Court of Appeals for the Ninth Circuit · Oct 18, 2001

Indeed, when the Government filed its lien, the Burgesses had already established approximately $10,000 in equity. … We look initially to state law to determine what rights the taxpayer has in the property the Government seeks to reach, then to federal law to determine whether the taxpayer's state-delineated rights qualify as 'property'

MOW SUN WONG Et Al., Appellants, v. Alan K. CAMPBELL, Director of the Office of Personnel Management Et Al., Appellees

626 F.2d 739 · Court of Appeals for the Ninth Circuit · Sep 2, 1980

In comparison, however, the President clearly does have considerable responsibility over: 1) foreign affairs, see generally United States v. … additional “national interests” which were cited by the Court in its opinion in Mow Sun Wong as possible justifications for such a regulation by Congress or the President: i. e. 1) to provide an incentive for aliens to qualify

Shahriary v. Teledesic LLC

60 F. App'x 157 · Court of Appeals for the Ninth Circuit · Mar 13, 2003

Weibling, however, merely explained to Shahriary his understanding of what “cause” meant, and the letter signed by Shahriary clearly indicated that a formal definition would be worked out in a future formal contract. … National Origin and Age Discrimination To establish a prima facie case of discrimination under Title VII, a plaintiff must show: (1) that he is a member of a protected class; (2) that he was qualified for the job; (3) that

Gallivan v. Jones

102 F. 423 · Court of Appeals for the Ninth Circuit · May 14, 1900

Smith were appointed executors thereof, to all of whom letters testamentary were duly issued, and all of which executors duly qualified and entered upon the discharge of their duties. … It may be convenient that all debts to be paid out of the assets of a deceased man’s estate shall be established in the court to which the law of the domicile has confided the general administration of these assets; and the

63 Fair empl.prac.cas. 3, 54 Empl. Prac. Dec. P 40,146 High Tech Gays Timothy Dooling, and All Others Similarly Situated Joel Crawford and Robert Weston v. Defense Industrial Security Clearance Office Director, Defense Industrial Security Clearance Office Defense Investigative Service Director of Defense Investigative Service Secretary of Defense

909 F.2d 375 · Court of Appeals for the Ninth Circuit · Jul 23, 1990

The class of "homosexuals" clearly qualifies as a suspect category, triggering strict judicial scrutiny of any governmental discrimination against them. … qualify as a suspect class, they are precluded from being so because of Bowers v.

United States v. James Henry Patterson

678 F.2d 774 · Court of Appeals for the Ninth Circuit · Jun 2, 1982

Grand Jury Testimony Testifying under a grant of immunity, James McKay (defendant’s nephew) told the grand jury on March 10, 1980, the defendant had told him the forklifts were obtained from a man in California and they had … The findings of the trier of fact will not be set aside unless clearly erroneous. Anderson, 642 F.2d at 285 .

C-Y Development Co. v. City of Redlands

703 F.2d 375 · Court of Appeals for the Ninth Circuit · Mar 8, 1983

In February 1979, the Redlands city council adopted Ordinance 1680, 1 which established a competitive point-rating system that evaluates applications in four categories: “Consistency With Zone,” “Relationship of Project to … A district court should abstain only in the “exceptional circumstances where the order to the parties to repair to the state court would clearly serve an important countervailing interest.” County of Allegheny v.