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| Brumfield v. Fluor Hanford, Inc., No. 04-35790,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 8, 2007, Filed
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| Dossman v. Newland, No. 04-15593,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 8, 2007, Filed
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Overview: Prisoner's assertion that California's untimeliness rule, which barred review when there had been substantial delay without good cause, was inadequate was sufficient to place adequacy of rule at issue when court had previously found rule to be too ambiguous to bar federal habeas review. Thus, burden shifted to government to prove rule's adequacy.
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| Pimpton v. Carey, No. 05-55674,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 8, 2007, Filed
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Overview: 28 U.S.C.S. § 2254(b)(2) did not permit denial of habeas petition, which challenged sentence of 25 years to life imposed upon felony petty theft conviction, on merits without first determining whether state prisoner properly exhausted claim in state court, as it was not perfectly clear that he failed to present colorable Eighth Amendment claim.
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| Ralbovsky v. Kramer, No. 05-17167,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 8, 2007, Filed
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Overview: Prisoner's equal protection rights were not violated on ground he was not earning credits that were available to inmates who participated in work conservation camps under Cal. Penal Code § 2933.3. There was rational basis for different treatment, as he was ineligible for conservation camp work due to prisoner classification and length of sentence.
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| Richie v. Lampert, No. 05-36068,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 8, 2007, Filed
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| Royal Plywood, Inc. v. Joseph (In re Amoroso), No. 04-56938,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 8, 2007, Filed
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Overview: Bankruptcy court properly held that there was mutual assent and that contract was formed between debtor and company because credit application clearly was contract. Contract was not procedurally unconscionable absent any evidence that contract was non-negotiable adhesion contract or that there was any imbalance of bargaining power between parties.
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| T.G.S. Transp., Inc. v. Canal Ins. Co., No. 05-15067,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 8, 2007, Filed
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Overview: Insurer properly was awarded summary judgment on bad faith claim stemming from insurer's refusal to pay insured's claim for stolen cargo because, although erroneous, it was not unreasonable for insurer to have believed policy did not cover "scheduled vehicles" created by thieves. Insurer reasonably relied on counsel's advice in denying claim.
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| United States v. Fort, No. 06-10473, No. 06-10478,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 08, 2007, Filed
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Overview: Investigative reports prepared by a local police department prior to the federal prosecutor's involvement qualified for the discovery exemption created by Fed. R. Crim. P. 16(a)(2) when reports were turned over to federal prosecutor for use in federal investigation and prosecution of same acts by same people under RICO, 18 U.S.C.S. § 1961 et seq.
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| United States v. Sou, No. 05-10706,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 8, 2007, Filed
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Overview: District court did not violate defendant's Sixth Amendment right to effective assistance of counsel by denying as untimely his motion to substitute counsel, which was filed just before jury selection. Defendant did not try to contact district court or counsel before trial, and there was no evidence of prior problems between defendant and counsel.
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