Willamette Law Online

(13 summaries)

Brodia Minter

9th Circuit Court of Appeals

TitleExcerptFilling Date
United States v. WatersSentencing: 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.(11-14-2014)
Litmon v. Harris Constitutional Law: Sexually violent predators do not have a fundamental right to be free of registration and notification requirements. (10-14-2014)
Aragon-Salazar v. HolderImmigration: 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.(10-02-2014)
Medina-Lara v. HolderImmigration: 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.(09-19-2014)
Bradford v. Union Pacific Railroad Co.Labor Law: 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. (09-16-2014)
Jimenez v. Allstate Insurance Co.Civil Law: 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.”(09-03-2014)
White v. University of CaliforniaIndian Law: The National Graves Protection and Repatriation Act does not abrogate tribal sovereign immunity. (08-27-2014)
ISKCON v. City of Los AngelesFirst Amendment: 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.”(08-20-2014)
Jones v. TaylorHabeas Corpus: Recantation testimony is generally unreliable and unpersuasive when determining the merits habeas corpus petition based on a freestanding claim of factual innocence. (08-19-2014)
United States v. ParkerAdministrative Law: 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. (07-31-2014)
WildEarth Guardians v. U.S. Environmental Protection AgencyAdministrative Law: 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. (07-17-2014)
Bojnoordi v. HolderImmigration:  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. (07-07-2014)
United States v. Christian Criminal Law: 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.(04-17-2014)