9th Circuit Court of Appeals Updates
United States v. Juvenile Male
Juvenile Law: Both the statutory text and legislative history of the Sex Offender Registration and Notification ACT ("SORNA") show that the registration requirements for juveniles convicted of aggravated sex offenses do not violate the confidentiality provisions of the Federal Juvenile Delinquency Act ("FJDA").
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In Matter of Thorpe Insulation Co.
Bankruptcy Law: When a bankruptcy court finds a contract dispute to be a “core proceeding” in a bankruptcy case, the bankruptcy court may use its discretion to find an arbitration agreement in that contract unenforceable.
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United States v. McGowan
Post-Conviction Relief: Since a defendant did not move to get a new trial if a judgment of acquittal was reversed, the district court did not err in failing to conditionally rule that defendant get a new trial if his judgment of acquittal was reversed. Further, a defendant’s inadequate assistance of counsel claim is not reviewed on appeal since the trial record was not developed to permit determination on the issue and since the representation was not so inadequate that the defendant was denied his 6th amendment right to counsel.
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In Matter of Meruelo Maddux Properties, Inc.
Bankruptcy Law: There is no basis in the plain language of the single asset real estate provisions of the Bankruptcy Code § 101(51)(b) for a “whole business enterprise” exception.
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United States v. Gonzalez
Criminal Procedure: Communications under an implied joint defense agreement are protected by attorney client privilege but the agreement may be terminated by the conduct of the parties.
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Oshodi v. Holder
Immigration: The BIA sufficiently complies with a Court mandate when its analysis does not "run counter to 'the spirit' of [the] mandate." An immigration judge's adverse credibility determination will be affirmed where "the IJ considered the totality of the circumstances," and not merely "rank speculation and conjecture and inconsequential factors." Lastly, a petitioner carries the burden of proving due process violations and Convention Against Torture claims.
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United States v. Casasola
Immigration: The statute 8 U.S.C. § 1432(a), in effect prior to February 27, 2001, does not violate the equal protection clause by denying derivative citizenship to foreign-born children when only one married parent is a naturalized citizen.
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Hutcherson v. Arizona Health Care Cost
Civil Law: Under 42 U.S.C. § 1396p(1)(F)(i), the State is entitled to recover medical costs stemming from the institutionalization of an individual receiving Medicaid assistance out of an annuity purchased by the spouse. The recovery is not limited to only medical care costs incurred after the spouse’s death.
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Tyson v. Holder
Immigration: The repeal of § 212(c) of the Immigration and Nationality Act imposes an impermissible retroactive effect on a lawful permanent resident, who was “convicted pursuant to a stipulated facts agreement based on a reasonable expectation that it would not negatively affect her immigration status.”
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AE v. County of Tulare
Tort Law: A plaintiff alleging viable state negligence claims and a § 1983 claim must be given the opportunity for leave to amend to meet pleading requirements when the first amended complaint "did not put forth additional facts" regarding "alleged policy, custom, or practice" of a government entity.
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