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   Federal Courts - 9th Circuit Court of Appeals - January 19, 2007

  
Citizens for Clean Gov't v. City of San Diego, No. 04-56964, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2007, Filed
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Overview: Appellate court vacated the denial of a permanent injunction and declaratory relief and remanded for further evidentiary development because the city offered no evidence of deliberation on the issue of campaign finance in recall elections, and it had no recourse to legal authority addressing these exact issues because none existed.

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Galen v. County of Los Angeles, No. 04-55274, No. 04-56148, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2007, Amended
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Overview: Law enforcement officers were properly granted summary judgment based on qualified immunity in § 1983 action; arrestee could not establish that bail was excessive in violation of U.S. Const. amend. VIII because there was no evidence of factors considered by Bail Commissioner. Also, no evidence showed that officers proximately caused excessive bail.

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Galen v. County of Los Angeles, No. 04-55274, No. 04-56148, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2007, Decided , January 19, 2007, Filed
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NLRB v. Int'l Ass'n of Bridge, Structural & Ornamental Iron Workers Local 433, No. 04-74664, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2007, Filed
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Robinson v. Tilton, No. 05-56823, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2007, Filed
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Torres v. Alameida, No. 05-56404, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2007, Filed
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United States v. Cervantes-Flores, No. 06-50030, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2007, Filed
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United States v. Jawara, No. 05-30266, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2007, Amended
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Overview: Charges of document fraud related to an asylum application and conspiracy to commit marriage fraud were misjoined because they were unrelated in nature and purpose, temporal scope, physical location, modes of operation, and key evidence. However, the error did not require reversal because the alien had not established that he was prejudiced.

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United States v. Jawara, No. 05-30266, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2007, Decided
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United States v. Joseph, No. 06-10270, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2007, Filed
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Overview: Plea colloquy sufficiently addressed existence of any promises made to defendant in exchange for guilty plea for purposes of Fed. R. Crim. R. 11(b)(2). Magistrate explained during colloquy that plea agreement did not include any promises by government as to sentence, and defendant said no when asked if promises were made to get him to plead guilty.

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