Brodia Minter

9th Circuit Court of Appeals (13 summaries)

United States v. Waters

There is no ex post facto problem if amendments to post-conduct sentencing guidelines do not increase the punishment for the defendant’s crime over what was imposed when the defendant was sentenced.

Area(s) of Law:
  • Sentencing

Litmon v. Harris

Sexually violent predators do not have a fundamental right to be free of registration and notification requirements.

Area(s) of Law:
  • Constitutional Law

Aragon-Salazar v. Holder

An application for special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act is not a continuing application, and the seven-year period during which the Nicaraguan Adjustment and Central American Relief Act requires good moral character, ends on the day the application is filed.

Area(s) of Law:
  • Immigration

Medina-Lara v. Holder

The government bears the burden of establishing by clear and convincing evidence that a California Health & Safety Code § 11351 conviction is a controlled substance or an aggravated felony offense.

Area(s) of Law:
  • Immigration

Bradford v. Union Pacific Railroad Co.

An individual terminated from his job receives adequate due process when, in the context of the circumstances at issue, sufficient procedures provide the individual an opportunity to be heard.

Area(s) of Law:
  • Labor Law

Jimenez v. Allstate Insurance Co.

A court correctly grants class certification if the “common questions contain[] the ‘glue’ necessary to say that ‘examination of all the class members’ claims for relief will produce a common answer to the crucial question[s]’ raised by the plaintiffs’ complaint.”

Area(s) of Law:
  • Civil Law

White v. University of California

The National Graves Protection and Repatriation Act does not abrogate tribal sovereign immunity.

Area(s) of Law:
  • Indian Law

ISKCON v. City of Los Angeles

A reasonable restriction on solicitation for funds in major international airports is permitted because they “have a legitimate interest in controlling pedestrian congestion and reducing the right of fraud and duress attendant to repetitive, in-person solicitation for the immediate receipt of funds.”

Area(s) of Law:
  • First Amendment

Jones v. Taylor

Recantation testimony is generally unreliable and unpersuasive when determining the merits habeas corpus petition based on a freestanding claim of factual innocence.

Area(s) of Law:
  • Habeas Corpus

United States v. Parker

Actions that take place in the Nation Forest System and affect, threaten, or endanger National Forest land are subject to Forest Service Regulations, even if they take place on a county road subject to easement.

Area(s) of Law:
  • Administrative Law

WildEarth Guardians v. U.S. Environmental Protection Agency

To have constitutional standing an organizations purported injuries must be casually linked to an Environment Protection Agency (EPA) approval of a regional haze plan; further an EPA approval of a plan is not arbitrary and capricious if it considers the relevant factors for approval.

Area(s) of Law:
  • Administrative Law

Bojnoordi v. Holder

The statutory terrorism bar at 8 U.S.C.§ 1182(a)(3)(B) applies retroactively to material support of a Tier III organization, even if the organization was not officially designated as a terrorist group at the time of the material support.

Area(s) of Law:
  • Immigration

United States v. Christian

A district court abuses it discretion by not considering whether expert testimony would have been relevant and helpful to the jury in determining a defendant's diminished capacity defense.

Area(s) of Law:
  • Criminal Law