Willamette Law Online

(10 summaries)

Jacalyn Boyle

9th Circuit Court of Appeals

TitleExcerptFilling Date
United States v. RuizCriminal Law: Reckless omissions by a police officer about the credibility of an eyewitness to obtain a search warrant may fatally undermine a finding of probable cause without corroboration that the eyewitness is truthful.(07-11-2014)
United States v. GoldtoothCriminal Law: The crime of attempted robbery under 18 U.S.C. § 2111 requires proof of specific intent. (06-12-2014)
Burton V. Infinity Capital ManagementSovereign Immunity: Quasi-judicial immunity is not extended as a matter of law to an attorney who prepares a judicial order for a judge. (06-04-2014)
United States v. Rangel-GuzmanCriminal Law: In a criminal trial, a prosecutor must use another witness to impeach prior statements of the witness.(05-28-2014)
United States v. Guerrero-JassonCriminal Law: When applying the twenty-year statutory maximum penalty under 8 U.S.C. § 1326(b), whether the defendant was removed before or after an aggravated felony conviction must be submitted to a jury or admitted by the defendant.(05-27-2014)
Green v. City & Cnty. of San FranciscoCivil Rights § 1983: An officer who does not verify the plates of a stolen vehicle while making a stop may be making an unlawful stop. (05-12-2014)
Dixon v. WilliamsCriminal Procedure: Erroneous jury instruction regarding self-defense was not harmless because it limited the jury's consideration of what constitutes manslaughter instead of murder. (04-30-2014)
Leite V. Crane CoCivil Procedure: When a plaintiff challenges removal under the federal officers removal statute, the burden is on the defendant to show beyond a preponderance of the evidence that the colorable federal defense and causal nexus requirements for removal jurisdiction were met. (04-25-2014)
United States v. HarringtonCriminal Law: Due process is violated when a park ranger in a national park does not inform a suspected drunk driver that refusal to submit to a breath or chemical test is a freestanding offense that is punishable with a fine or imprisonment.(04-18-2014)
Jackson v. BarnesCriminal Law: A claim brought under 42 U.S.C. § 1983 is not barred if the second conviction will not be affected, even if the damages are nominal because the prisoner was serving time for an unrelated conviction.(04-15-2014)