July 13 Ninth Circuit Opinions
On July 13, 2007, the Ninth Circuit issued two new published opinions, and amended two previously issued opinions.
In US Mortgage, Inc. v. Saxton, the Ninth Circuit affirmed the dismissal for failure to state a claim of a securities regulation class action brought under the guise of Arizona state law claims.
In Tanner v. McDaniel, the Ninth Circuit rejected a habeas petition arising out of a Nevada murder conviction. The Court was unpersuaded by Tanner’s claims that following his plea of guilty to murder, his attorney should have consulted with him regarding an appeal, as no nonfrivolous grounds for appeal were present in his case.
In Earth Island Institute v. Hogarth, the Ninth Circuit amended the opinion originally filed April 27, 2007 by substituting a sentence. The outcome is unchanged.
In Irons v. Carey, the Ninth Circuit amended the opinion originally filed March 6, 2007 by substituting several words. Additionally, Judge Noonan’s concurring opinion was also amended, with several word substitutions, as well as the addition of a paragraph discussing whether habeas corpus is essential to due process. The outcome is unchanged.
