Archive for the '9th COA' Category

Criminal Matters

The Ninth Circuit issued five opinions, all dealing with criminal matters.  Three involved the capital murder conviction and sentence of the same defendant, and the other two concerned immigration issues.
In Rhoades v. Henry (Haddon), No. 07-35808, a capital habeas matter, the court of appeals affirmed the denial of petitioner Paul Rhoades’ habeas petition on the grounds [...]

Criminal Matters

The Ninth Circuit issued five opinions, all dealing with criminal matters.  Three involved the capital murder conviction and sentence of the same defendant, and the other two concerned immigration issues.
In Rhoades v. Henry (Haddon), No. 07-35808, a capital habeas matter, the court of appeals affirmed the denial of petitioner Paul Rhoades’ habeas petition on the grounds [...]

Capital Habeas, Government Benefits and Immigration Decisions

The Ninth Circuit decided one capital habeas case, one involving longshoremen’s benefits, and another concerning an immigration law issue.
In Smith v. Mahoney, No. 94-99003, a capital habeas matter, the Ninth Circuit affirmed the denial of the petition, on the grounds that 1) although defense counsel inadequately investigated the facts of the case before allowing petitioner [...]

Capital Habeas, Government Benefits and Immigration Decisions

The Ninth Circuit decided one capital habeas case, one involving longshoremen’s benefits, and another concerning an immigration law issue.
In Smith v. Mahoney, No. 94-99003, a capital habeas matter, the Ninth Circuit affirmed the denial of the petition, on the grounds that 1) although defense counsel inadequately investigated the facts of the case before allowing petitioner [...]

Telecommunications and Environmental Cases

The Ninth Circuit decided one environmental law matter and one concerning an arbitral award regarding telecommunications local exchange carriers.
MacClarence v. EPA, No. 07-72756, involved a petition for review of the EPA’s order denying petitioner’s request that the EPA object to the issuance of a Clean Air Act Title V permit for pollutant-emitting activities at an [...]

Telecommunications and Environmental Cases

The Ninth Circuit decided one environmental law matter and one concerning an arbitral award regarding telecommunications local exchange carriers.
MacClarence v. EPA, No. 07-72756, involved a petition for review of the EPA’s order denying petitioner’s request that the EPA object to the issuance of a Clean Air Act Title V permit for pollutant-emitting activities at an [...]

Two Decisions on California Regulations Impacting Government Benefits

The Ninth Circuit decided two cases pertaining to California legislation impacting health-related government benefits.
Dominguez v. Schwarzenegger, No. 09-16359, was an action to enjoin California legislation that reduced the state contribution to wages paid to In-Home Supportive Services (IHSS) providers because it was preempted by Section 30(A) of the Medicaid Act.
The court of appeals affirmed an [...]

Two Decisions on California Regulations Impacting Government Benefits

The Ninth Circuit decided two cases pertaining to California legislation impacting health-related government benefits.
Dominguez v. Schwarzenegger, No. 09-16359, was an action to enjoin California legislation that reduced the state contribution to wages paid to In-Home Supportive Services (IHSS) providers because it was preempted by Section 30(A) of the Medicaid Act.
The court of appeals affirmed an [...]

Education and Employment Law Matters

The Ninth Circuit decided one matter concerning a civil rights action against a school district, and another involving an employment discrimination claim.
Rutti v. Vermillion, No. 07-56599, was a class action on behalf of all technicians employed by defendant to install alarms in customers’ cars, in which plaintiff sought compensation for the time technicians spent commuting [...]

Ruling in Alien Trafficking Case of US v. Reyes-Bosque

In US v. Reyes-Bosque, No. 08-50253, the Ninth Circuit affirmed defendants’ convictions for aiding aggravated felon aliens to enter the U.S. and related offenses.
The court of appeals held that 1) defendant did not present sufficient evidence to prove that he was an overnight guest in an apartment searched by police, and did not argue that [...]