FindLaw's US Ninth Circuit Blog

Conspiracy Theorist Has Right to Testify at Competency Hearing

2013-06-17T22:09:08Z

Charles Lee Gillenwater, II is either reality-challenged or Mel Gibson. The court, psychiatrists, and his counsel believe the former. He’ll now have the opportunity to prove it’s the latter. From the record, it seems that Gillenwater worked construction for Caesar’s...

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NSA Surveillance Lawsuit Ironically Dismissed as 'Speculative'

2013-06-14T22:11:41Z

Perhaps a motion for rehearing might be in order here? Two weeks ago, if someone were to tell you that the National Security Agency was monitoring your phone records, your phone’s GPS location, and basically everything you do online, you...

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Ninth Battling to Regain Spot as 'Most Reversed' Circuit

2013-06-11T13:03:21Z

Lets play a word association game. What are the first things you think of when you hear "Ninth Circuit"? Liberal. Western. Reversals. The Ninth's reputation precedes it, and with the results of the recent spate of Supreme Court decisions, it may...

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Impaired Judge and Incompetent Man's Plea to a Death Sentence

2013-06-07T22:39:42Z

Ronald Deere has been described in many ways, none of which are positive. Murderer. Incompetent. Suffering from either multiple personality disorder or borderline personality disorder. A man with a death wish. The late Judge Fred Metheny, who presided over his...

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Obstruction Instructions Don't Require 'Wicked' and 'Evil'

2013-06-05T22:47:34Z

Gabriel Watters had a slick car heist scheme. He allegedly went to New Orleans, post-Katrina, and towed a number of abandoned cars back home for resale. Clever, immoral, and obviously illegal, right? Except, he was found not guilty … at...

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Man Sues After Avoiding 5 Years of Prison Due to Sentencing Error

2013-06-03T22:40:16Z

Jesse Engebretson pled guilty to four counts of sexual assault in 1993. Because he had also been convicted of a felony burglary within five years of committing the sexual assaults, he was classified as a persistent felony offender by the...

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Rehearing Denied in Medi-Cal Provider Payment Cuts Dispute

2013-05-29T22:24:12Z

Newsflash: California is in the midst of a budget crisis. Also, the sky is blue. As part of Governor Jerry Brown’s plan to curb state spending and reduce the deficit, after consulting with Secretary Kathleen Sibelius, of the Department of...

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Law Student Gets Hardship Discharge of Student Loan Debt

2013-05-23T22:20:07Z

Like many law grads, Michael Headlund hasn't had the easiest time, economically. Though he graduated back in 1997, he's had the same experience as recent grads, with over $100,000 in student loan debt and no hope whatsoever of paying it...

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Arizona's 20 Week Abortion Ban Not a Regulation, Unconstitutional

2013-05-21T22:15:34Z

For such a hotly-debated topic, the law regarding bans and burdens on abortion hasn’t changed much. Any ban or undue burden on pre-viability abortions is unconstitutional per the Supreme Court’s holdings in Roe, Casey, and Gonzales. Since 1973, the bright...

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HP Printer Settlement Voided Because Coupon Settlements Are Awful

2013-05-20T22:19:40Z

You know what stinks about class-action settlements? Sometimes, the payout for the consumer is absolutely meaningless. This Hewlett-Packard settlement is a perfect example. Consumers sued because HP supposedly misled them about their cartridges' true ink levels (causing premature replacement),...

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Did Anaheim Cops Get Too Furious, Too Fast With Deadly Force?

2013-05-14T15:58:48Z

After an illegal left turn and near-collision with their police cruiser, Officers Matthew Ellis and Officer Daron Wyatt acted reasonably when they ran the van's plates. They even acted reasonably when they followed the van, which had previously been involved...

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Denial of Disabled Litigant's Unlicensed Advocate Not Misconduct

2013-05-07T15:57:13Z

It ain't easy being a trial judge. Litigants of all shapes, sizes, and abilities appear before you, and for some with special needs, they are entitled to reasonable accommodation. Most of the time, that accommodation is simple, such as having...

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Amy and Vicky, Child Porn Victims: No Joint and Several Liability

2013-05-03T22:19:45Z

You'd have to imagine, at some point, that either Congress (ha!) or the Supreme Court will step in and clear up the confusion surrounding restitution for those depicted in child pornography, as well as the issue of joint and several...

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Restitution Awards Don't Require Juries in Petty Criminal Cases

2013-05-01T22:18:01Z

Lawrence M. Stanfill El once worked with Kyle Carmin as fellow work-study interns with adjacent workspaces at the Department of Veteran Affairs in Portland, Oregon. It was a tranquil office, until one day, the two lads fell to fisticuffs. The...

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9th Cir Judge: DOMA, Ore. Gay Marriage Ban Unconstitutional

2013-04-29T22:17:33Z

Most of us are waiting to hear the Supreme Court's thoughts on the Defense of Marriage Act (DOMA) and California's Prop. 8 ban on gay marriage. Judge Harry Pregerson, however, already has an opinion. Judge Pregerson is the chair of...

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