Case law

Joseph E. Curlott, and Cross-Appellants v. Alan Campbell, and Cross-Appellees

598 F.2d 1175 · Court of Appeals for the Ninth Circuit · Jun 18, 1979

The Supreme Court defined a “property interest” as follows: *1181 To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. … The Act oper *1182 ates as a waiver of sovereign immunity to provide complete monetary relief to the Employees. See United States v. Testan, 424 U.S. 392, 405-07 , 96 S.Ct. 948 , 47 L.Ed.2d 114 (1976).

United States v. Gonzales

506 F.3d 940 · Court of Appeals for the Ninth Circuit · Nov 5, 2007

While "term of imprisonment" is not specifically defined, [2] "sentence of imprisonment" is clearly defined by § 4A1.2(b)(1) and the corresponding Application Notes. See § 4A1.2, cmt. n. 2. … However, totally suspended sentences for qualifying misdemeanors listed in § 4A1.2(c)(1) are not.

United States v. Samuel Orozco-Acosta

607 F.3d 1156 · Court of Appeals for the Ninth Circuit · May 26, 2010

Orozco-Acosta attacks the underlying premise of Bahena- Cardenas, arguing that warrants of removal qualify as testi- monial because they are “made under circumstances which would lead an objective witness reasonably to believe … [7] In sum, nothing in Melendez-Diaz is clearly irreconcil- able with Bahena-Cardenas’s holding that a warrant of removal is “nontestimonial because it was not made in antici- pation of litigation.” 411 F.3d at 1075.

Orlonzo Hedrington v. United States

Court of Appeals for the Ninth Circuit · May 22, 2026

The United States and DGMC moved for summary judgment in Hedrington II, arguing first that any claim against DGMC was barred by sovereign immunity, and second that any claim against the United States was time- barred because … Degnan, Federalized Res Judicata, 85 Yale L.J. 741, 744–45, 747– 49, 748 n.31, 768–69 (1976) (suggesting that the “clearly established rule 14 HEDRINGTON V.

United States v. Albert Hernandez, Jr.

894 F.3d 1104 · Court of Appeals for the Ninth Circuit · Jul 10, 2018

Under this definition, Hernandez’s conduct qualified as “distribution.” … calculate the Guidelines Range or calculating the range incorrectly; treating the Guidelines as mandatory rather than advisory; failing to consider the factors set forth in 18 U.S.C. § 3553(a); imposing a sentence based on clearly

UNITED STATES of America, Plaintiff-Appellee, v. Keith Wayne FREDERICK, Defendant-Appellant

78 F.3d 1370 · Court of Appeals for the Ninth Circuit · Mar 5, 1996

Hodges, 770 F.2d 1475, 1478 (9th Cir.1985) (“[Questions of credibility are for the jury to decide and are generally immune from appellate review.”). … The prosecutor’s impermissible remarks could have helped to establish S.F.’s credibility in the minds of the jury, thus affecting their verdict.

Mayweathers v. Newland

258 F.3d 930 · Court of Appeals for the Ninth Circuit · Aug 2, 2001

The named plaintiffs either face or have faced the choice between following work incentive program rules and obeying the Qur’an. *935 Prison officials do not argue that the named plaintiffs are somehow immune from having … First, the defendants contend that the injunction establishes Islam as the preferred religion at Solano. This argument is meritless.

Okwuosa v. Employment Development Department

143 F. App'x 20 · Court of Appeals for the Ninth Circuit · Jul 20, 2005

a prima facie case of discrimination with respect to his failure-to-promote claim, Okwuosa must show that (1) he belongs to a statutorily protected class; (2) he applied for and was qualified for an available position; ( … The district court’s decision may be overturned only if it is based on an inaccurate view of the law or a clearly erroneous finding of fact. Id.

Donovan & Schuenke v. Sampsell

226 F.2d 804 · Court of Appeals for the Ninth Circuit · Jun 21, 1955

Rather, it depends upon the doctrines of the established law of equity, which applies to all fiduciaries, whether they be express trustees, agents or subagents. 22 A review of the facts indicates clearly the position occupied … It is established to protect the courts themselves from suspicion of chicanery. 52 But it is said that the status quo cannot be established, and the innocent will suffer.

Bert Strand, Sheriff of San Diego County, State of California v. William Schmittroth

233 F.2d 598 · Court of Appeals for the Ninth Circuit · May 3, 1956

Since here the federal court has clearly expressed disapproval of the California court's action, we need not discuss any theories of assumed consent. Hebert v. … The Supreme Court held that the federal attorney-general or his representative was qualified to consent that a federal prisoner be taken before the state court for trial.

California Pro-Life Council, Inc. v. Randolph

Court of Appeals for the Ninth Circuit · Nov 14, 2007

candidate or the qualifi- cation, passage or defeat of a clearly identified mea- sure, or taken as a whole and in context, unambiguously urges a particular result in an elec- tion but which is … CPLC Has Failed To Establish Overbreadth.

Unioil, Inc. v. E.F. Hutton & Co.

809 F.2d 548 · Court of Appeals for the Ninth Circuit · Oct 15, 1986

factual determinations of the district court under a clearly erroneous standard. … Under these circumstances, Alioto had a duty to take reasonable steps to ensure that the class claims were represented by a plaintiff independent of Unioil management and otherwise qualified under rule 23(a).

United States v. James Milton Cotten and William Lowell Roberts

471 F.2d 744 · Court of Appeals for the Ninth Circuit · Apr 16, 1973

United States, 6 in which the Supreme Court of the United States has established standards for the fair administration of criminal justice. … To conclude otherwise would be clearly erroneous.

Don Ray Smith v. Cmta-Iam Pension Trust

654 F.2d 650 · Court of Appeals for the Ninth Circuit · Aug 27, 1981

Moreover, appellant’s employer, Owens, is clearly a “participating employer.” The Plan is unambiguous. … Section 6.1 of the Plan defines a participating employer as “any employer which qualified as such prior to April 1, 1972, and any employer which contributes to the Trust after that date. ...” (italics added).

DeGrassi v. City of Glendora

207 F.3d 636 · Court of Appeals for the Ninth Circuit · Mar 20, 2000

That decision eliminated the defense of sovereign immunity in tort actions against the State and other public entities. See id. at 213-214 , 11 Cal.Rptr. at 90 , 359 P.2d at 458 . … To that end, the Legislature provided a qualified right to indemnity- The Legislature did not grant public employees the right to control a defense provided by a public entity.

Bruce M. And Dorothy v. Cady v. Rogers C. B. Morton, Secretary of the Department of Interior

527 F.2d 786 · Court of Appeals for the Ninth Circuit · Jun 19, 1975

To succeed in their first claim the appellants must not only establish their standing to sue and surmount the defense of laches but also establish that the approval by the Secretary of Interior of coal leases covering 30,876 … Clearly appellant Dobson alleges he is among those injured in fact. This provides him with sufficient standing to maintain this action and to deprive it of mootness in its entirety.

Fernandez v. Brock

840 F.2d 622 · Court of Appeals for the Ninth Circuit · May 23, 1988

If Kawahara does so choose and does implement a plan with a lower standard, the farmworkers may be able to qualify as participants in the plan. … The word "shall" appears in each of the three sections, including the clearly discretionary section 1052(a)(3)(B).

Boyer v. Belleque

659 F.3d 957 · Court of Appeals for the Ninth Circuit · Oct 28, 2011

abuse and sodomy, he attempted to cause the death of two individuals “by performing anal sodomy on the said [individuals], know- ing that he . . . was infected with [AIDS1], a fatal disease that 1 The acquired immune … [4] Hinkhouse, in our view, clearly establishes the princi- ple that a person with AIDS having unprotected sex with oth- ers, knowing that the disease could spread this way, and knowing it could be fatal, can be held

Michael E. Bratcher v. Robert S. McNamara Secretary of Defense

448 F.2d 222 · Court of Appeals for the Ninth Circuit · Sep 8, 1971

On September 27, 1967, the Secretary of Army determined that Bratcher qualified for classification as a conscientious objector. … The quoted portion of DOD 1300.6, supra, clearly indicates that the Selective Service recommendation is to be afforded great weight in the ordinary case.

Heinze v. Butte & Boston Consolidated Min. Co.

126 F. 1 · Court of Appeals for the Ninth Circuit · Nov 2, 1903

He is clearly estopped from so doing.” Citing Bigelow on Estoppel (5th Ed.) § 687. … The findings of fact of the trial court will not be disturbed unless the appellate court can clearly see that they are opposed to the weight of the evidence, or unless some error is clearly shown. Lilienthal v.