Every decision we've summarized from United States Court of Appeals for the Ninth Circuit.
The Ninth Circuit granted a stay and abeyance to allow a death row inmate to present an ineffective assistance of counsel claim at sentencing to state courts. The court held that it was unclear whether Arizona law would bar the claim in a second postconviction petition.
The Ninth Circuit granted a stay and abeyance to allow a death row inmate to present an ineffective assistance of counsel claim at sentencing to state court. The court held that it is unclear whether Arizona procedural rules bar such a claim in a second post-conviction petition.
The United States Court of Appeals for the Ninth Circuit affirmed a district court judgment in a civil dispute involving defamation, civil extortion, and stock valuation. The appellate panel found no clear error in the lower court's factual findings regarding the parties' economic relationships and damages calculations.
The United States Court of Appeals for the Ninth Circuit affirmed a district court judgment in a civil dispute involving defamation, civil extortion, and stock valuation. The appellate panel found no clear error in the lower court's factual findings regarding the parties' economic relationships and damages calculations.
The Ninth Circuit reversed summary judgment for Dr. Dale Woolridge, holding that conducting a forensic medical exam on a child without parental consent or a court order violates clearly established constitutional rights absent exigent circumstances. The court also reversed summary judgment for investigator Gerardo Talamantes on judicial deception claims, finding a genuine dispute of material fact regarding the materiality of his statements to the juvenile court.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order dismissing claims for asylum and withholding of removal. The court held that violence inflicted on the petitioners' family members was insufficient to establish past persecution and that the petitioners failed to prove they could not safely relocate within Mexico.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision rejecting asylum and related relief for a Mexican national with mental health challenges. The court affirmed the denial because the petitioner failed to exhaust administrative remedies on several claims and lacked substantial evidence proving a unique risk of persecution distinct from other mentally disabled individuals in Mexico.
The Ninth Circuit affirmed the district court's order compelling arbitration and denying the motion to vacate, holding that the employment agreement was not unconscionable under California law. The court found that while unequal bargaining power created some procedural unfairness, the agreement lacked sufficient substantive unfairness because the district court had already severed the offending carve-out provision.
The Ninth Circuit affirmed the denial of asylum, withholding of removal, and Convention Against Torture relief for a Mexican national targeted by a gang. The court held that the petitioner failed to prove a causal link between the harm she suffered and a protected ground, as the gang's motivation was property theft rather than persecution based on neutrality or family status.
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals decision dismissing an immigrant's claims for asylum, withholding of removal, and protection under the Convention Against Torture. The court affirmed the denial of cancellation of removal, finding substantial evidence supported the agency's conclusion that the petitioner's family would not suffer exceptional hardship.