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13 May 2014, 10:51 am
Judge Farris writes the majority opinion, joined by Judge Hurwitz, holding that the petitioner wasn't entitled to equitable tolling in a habeas case -- or even an evidentiary hearing on the issue -- even though (among other things) he didn't have a lawyer, didn't speak English and had a history of mental illness.Judge Bright, sitting by designation from the Eighth Circuit, dissents. [read post]
18 May 2007, 1:36 pm
I assume this means that members of the Yakima tribe don't have to pay stop at highway toll booths either. [read post]
31 May 2013, 10:13 am
My sense is that I wasn't the only one who thought (as I said here) that the dissent had the better of the argument in this one.The Ninth Circuit just took the case en banc.It's largely a fact-specific case. [read post]
20 May 2008, 10:45 am
I always like reading opinions that help me be a more successful criminal. [read post]
9 May 2007, 2:38 pm
On the merits, I initially agreed with the majority opinion by Justice Woods in this case. [read post]
21 May 2009, 10:11 am
So I'm reading this case, and my eyes flitter to the line that contains the name of counsel for the defendant. [read post]
17 May 2010, 11:14 am
When they're trying to keep you locked up as a "mentally disordered offender," here are some things you definitely do not want the staff psychologist to say about you:"Mohapatra testified Contreras's schizophrenia manifested in his refusal to eat because he believed he was not going to be able to swallow, his thoughts that the hospital staff was going to break his penis, and his thoughts that his arms and leg were going to fall off because of his tattoos. [read post]
16 May 2007, 4:21 pm
The central issue in this appeal is whether the trial court or arbitrator is the one who should decide whether (and the extent to which) attorney's fees are contractually recoverable for prevailing on a petition to compel arbitration. [read post]
10 Sep 2020, 3:00 pm
Not surprisingly, eight of the conservative judges on the Ninth Circuit (including all but three of the Trump appointees) dissent from the refusal to rehear en banc the latest Second Amendment opinion, which held that individuals who had been involuntarily committed to a mental health facility do not possess a constitutional right to own guns.Obviously the underlying issue evokes strong feelings on both sides, and it's a high-profile case, so my particular perspective probably won't… [read post]
23 May 2012, 10:24 am
Chief Judge Kozinski said "Jump" in early 2009 in an internal (Ninth Circuit) same-sex partner benefits case. [read post]
22 May 2023, 11:49 am
I have no problem with this 67-page opinion, which (among other things) holds that it was okay to receive the jury's verdict during the COVID-19 pandemic without the defendant being present when the defendant had COVID-19, was quarantined in jail, and wouldn't be out of quarantine and able to be transported to court for at least two weeks. [read post]
3 May 2021, 2:16 pm
I understand that death penalty opinions by the California Supreme Court are often lengthy. [read post]