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| Amalgamated Transit Union Local 1309 v. Laidlaw Transit Servs., No. 05-56567,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 26, 2006, Filed
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Overview: In enacting 28 U.S.C.S. § 1453(c)(1), Congress intended to mirror the procedures for taking an appeal pursuant to 28 U.S.C.S. § 1292(b). The court held that a party that sought to appeal under 28 U.S.C.S. § 1453(c)(1) had to comply with the requirements of Fed. R. App. P. 5.
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| G.K. Ltd. Travel v. City of Lake Oswego, No. 04-35416,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 26, 2006, Filed
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Overview: Where city's sign code's pole sign restriction was justified without reference to content of regulated speech, and was narrowly tailored to achieve city's significant interests in aesthetics and traffic safety, court rejected sign owners' argument that sign code, which prevented owners from continuing use of their sign pole, was unconstitutional.
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| Gilmore v. Gonzales, No. 04-15736,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 26, 2006, Filed
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Overview: Government's airline identification policy did not violate airline customer's constitutional rights; customer had actual notice for purposes of due process, Constitution did not guarantee right to travel by any particular form of transportation, Fourth Amendment was not implicated by request for identification, and search option was reasonable.
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| United States v. Daniel, No. 05-50075, No. 05-50079,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 26, 2006, Filed
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Overview: Dismissal without prejudice and subsequent reissuance of show cause orders and bench warrants was not full adjudication of issues or final act of district court, as it still had to adjudicate merits of defendant's supervised release revocation. Thus, there was no final judgment over which appellate court had jurisdiction under 28 U.S.C.S. § 1291.
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| United States v. Klar, No. 04-30167,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 26, 2006, Filed
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| United States v. Minehart, No. 05-30292,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 26, 2006, Filed
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Overview: In a very brief order, the court upheld district court orders denying defendant a continuance and revoking his supervised release. The district court had not modified defendant's sentence when it gave him credit against that sentence for time spent a liberty; thus, defendant was subject to supervised release and conditions of release.
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| Winters v. Knowles, No. 03-16160,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 26, 2006, Filed
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Overview: State appeals court identified the correct legal standard and considered relevant factors when it determined that state trial court did not deny prisoner due process by failing to hold second competency hearing; there was affirmative evidence of prisoner's competence, and with one exception, his erratic behavior occurred a year before trial.
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