Andrich v. United States

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Civil Procedure
  • Date Filed: 12-02-2011
  • Case #: 11-73630
  • Judge(s)/Court Below: Per Curiam: Circuit Judges O'Scannlain, Leavy and Trott
  • Full Text Opinion

Writs of mandamus brought to enforce the Crime Victims Rights Acts are reviewed for a district court's clear error and abuse of discretion.

Petitioners sought a writ of mandamus against the district court for the Central District of California after refusing to allow them intervene as a victim in a criminal trial. Petitioners claim that they were entitled to intervene under the Crime Victims Rights Act ("CVRA"). The Ninth Circuit found no legal error or abuse of discretion in the district court's decision and denied the writ. Writs of mandamus are reviewed under the five factors outlined in Bauman v. United States Dist. Court: (1) party seeking writ has no other means of relief, (2) "petitioner will be damaged or prejudiced in a way not correctable on appeal," (3) the district court's order is clearly erroneous, (4) the district court's order is an oft-repeated error, and (5) the writ raises new problems, or issues of first impression. Writs under the CVRA however, focus the review on the third Bauman factor, legal error. Review of the record did not review any legal error. DENIED.

Advanced Search