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| Demos v. Gonzales, No. 04-71523, No. 05-75384,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2007, Filed
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Overview: Alien's due process claim failed because assuming that the BIA erred by failing to inform the alien of the requirement that he file a change-of-address form in the event he moved, this error would not have resulted in the Board mailing the decision to an address other than the one at which the alien did reside at.
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| Frantz v. Hazey, No. 05-16024,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2007, Filed
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Overview: When state court held that any violation of inmate's Sixth Amendment right of self-representation was harmless, parties had to brief whether court could affirm under 28 U.S.C.S. § 2254(d)(1) denial of inmate's habeas petition if state court's ultimate decision was consistent with Supreme Court precedent but legal test state court used was not.
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| Harveston v. Cunningham, No. 05-35073,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2007, Filed
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Overview: District court properly found police officers entitled to qualified immunity in arrestee's § 1983 action alleging U.S. Const. amend. IV violations; officers entered house believing there might be injured occupant and had probable cause to arrest for hindering investigation. Pepper spray use was not reasonable, but right was not clearly established.
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| Muyingo v. Gonzales, No. 04-76577, No. 05-73249,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2007, Filed
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| Preston v. Harris, No. 05-15807,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2007, Filed
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Overview: Inmate's ineffective assistance claim involved different errors by different actors at different times, and as such the claim did not satisfy the definition of "relation back" in the habeas context. Therefore, the ineffective assistance of counsel claim was time barred under the one-year period established by the AEDPA.
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| Shorter v. Metro. Life Ins. Co., No. 04-57022,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2007, Filed
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Overview: In action under ERISA, 29 U.S.C.S. § 1132, district court properly found that insurance company did not abuse discretion in denying long-term disability benefits where ongoing medical supervision was not documented and medical evidence did not demonstrate restrictions that prevented claimant from working. 29 U.S.C.S. § 1144 preempted state claims.
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| Silvey v. City of Sparks, No. 04-17506,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2007, Filed
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Overview: Deputy did not violate Constitution by seizing plaintiff and preventing her from entering house because he did so to prevent plaintiff from endangering herself and other officers and to ask questions about man in house. Situation was dangerous, especially when plaintiff tried to cross other officers' line of fire, and deputy acted to keep her safe.
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| Thompson v. Cantwell, No. 04-36157, No. 05-35969,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2007, Filed
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Overview: When buyer purchased property subject to preexisting note and trust deed, bargain included as part of price the amount of note and deed, and when buyer subsequently took assignment of deed and note, debt secured by mortgage was extinguished under Oregon law. Buyer's purchase of mortgage resulted in merger as matter of law, regardless of his intent.
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| United States v. Delaney, No. 05-10759,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2007, Filed
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Overview: Police officer had reasonable suspicion to stop defendant's car because it was very near the border, there were indications that the car had recently crossed the border at other than the designated border crossing and the occupants' purported birdwatching accomplished by pointing opera glasses at the sky while driving at 50 miles per hour.
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