United States Court of Appeals for the Ninth Circuit

THOMAS JUSTIN SJOBERG v. JOHN HENLEY; CHARLES DANIELS; Mr. AARON DARNELL FORD Esquire

The Ninth Circuit reversed a district court's grant of habeas relief, holding that the Nevada Court of Appeals' rejection of an ineffective assistance of counsel claim was not objectively unreasonable. The appellate court found that state counsel's decision not to file a motion to suppress was a reasonable strategic choice given the high likelihood of failure and the benefits of the plea agreement.

NATIONAL LABOR RELATIONS BOARD v. RADNET MANAGEMENT, INC

The Ninth Circuit granted the National Labor Relations Board's application to enforce an order finding that RadNet Management breached a settlement agreement by failing to reinstate an employee. The court held that the Board did not abuse its discretion in setting aside the agreement and denied RadNet's cross-petition for review.

NETCHOICE, LLC v. ROB BONTA, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE STATE OF CALIFORNIA

The Ninth Circuit vacated the district court's preliminary injunction against the California Age-Appropriate Design Code Act because the challenger failed to develop a record proving the law's coverage definition applies to every application in a constitutionally problematic way. However, the court affirmed the injunction against specific data use and dark patterns restrictions, ruling they are unconstitutionally vague, and remanded the severability question for further analysis.

Combs v. Broomfield

The Ninth Circuit affirmed the denial of Michael Stephen Combs' federal habeas petition challenging his murder conviction and death sentence. The panel held that the California Supreme Court's silent denial of Combs' ineffective assistance of counsel claims was not an unreasonable application of the Strickland standard.

ROY PAYAN; PORTIA MASON; NATIONAL FEDERATION OF THE BLIND, INC.; NATIONAL FEDERATION OF THE BLIND OF CALIFORNIA, INC v. LOS ANGELES COMMUNITY COLLEGE DISTRICT

JULIO AGUILAR-PADILLA v. BOYDSTUN EQUIPMENT MANUFACTURING, LLC, an Oregon limited liability company Nos. 24-4536, 25-276

B.B., a minor by and through her mother, Chelsea Boyle v. CAPISTRANO UNIFIED SCHOOL DISTRICT; JESUS BECERRA, an individual in his individual and official capacities; CLEO VICTA...

UNITED STATES OF AMERICA v. JUAN GONZALEZ-LOPEZ

The Ninth Circuit affirmed a forty-month sentence for transporting aliens, rejecting claims that the district court failed to properly apply the advisory Sentencing Guidelines. The court held that the judge adequately explained the upward variance and considered statutory factors without committing procedural error.

MARICRUZ MARISOL ROJAS-ESPINOZA v. PAMELA BONDI

The Ninth Circuit en banc court denied the petitioners' motion to stay removal and lifted a previously entered temporary stay of removal. Chief Judge Murguia wrote separately to clarify that the lawfulness of the court's automatic stay practice is an internal administrative matter not properly before the court.

Kirkman v. State of California

The Ninth Circuit affirmed the denial of qualified immunity for a police officer who fatally shot an unarmed individual. The court held that viewing the evidence in the light most favorable to the plaintiffs, a reasonable jury could find the use of deadly force violated clearly established law.