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   Federal Courts - 9th Circuit Court of Appeals - February 6, 2006

  
Abatie v. Alta Health & Life Ins. Co., No. 03-55601, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 6, 2006, Filed
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Dias v. Elique, No. 04-15290, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 6, 2006, Filed
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Overview: District court erred in applying issue preclusion to public safety officers' § 1983 claims of wrongful termination and retaliation; a decision under Nev. Rev. Stat. § 284.390, which was made by hearing officer under substantial evidence standard, was not entitled to preclusive effect as to claims under higher preponderance of evidence standard.

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Maharaj v. Gonzales, No. 03-71066, No. 03-73995, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 6, 2006, Filed
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Parker v. Woodford, No. 04-17518, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 6, 2006, Filed
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Overview: District court erred in denying a habeas petition without an evidentiary hearing on a claim that counsel was ineffective in failing to present an alibi defense because AEDPA did not preclude a hearing when the inmate diligently sought to develop the record and stated a colorable claim and the state court's "post card" denial was not a fair hearing.

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Singh v. Gonzales, No. 03-71608, No. 04-76397, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 6, 2006, Filed
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Overview: In denying an application for asylum filed by a citizen of India, the BIA erred in failing to analyze the issue of changed country conditions under the "well-founded fear" standard applicable to the asylum claim; the BIA also failed to conduct the requisite individualized analysis of how changed conditions would affect the applicant's situation.

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United States v. Bingaman, No. 04-10250, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 6, 2006, Filed
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Overview: In defendant's trial for being a felon in possession of a firearm, 18 U.S.C.S. §§ 922(g)(1), 924(a)(2), first properly admitted confession, along with other strong evidence of defendant's guilt rendered any error in admission of second confession harmless. Prosecutor's improper statements about police officers' veracity was also harmless error.

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United States v. Sanchez-Toro, No. 05-10178, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 6, 2006, Filed
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