Monday's Ninth Circuit opinions
In U.S. v. Jernigan, the Ninth Circuit granted a new trial, where the prosecution failed to inform the defense that crimes committed by a suspect matching the defendant’s description continued while she was in custody.
In Crater v. Galaza, the Ninth Circuit again finds the Anti-Terrorism and Effective Death Penalty Act constitutional, rejecting a claim that the Act effectively suspends all privileges of writs of habeas corpus. The Court agreed with the Fourth and Seventh Circuits in finding that the ct merely alters the standards on which writs issue. The Court rejected a claim that the Act infringes upon federal court power by requiring consideration of whether a state court’s appellate decision was not “contrary to” or “an unreasonable application of” U.S. Supreme Court decisions.
In Abebe v. Gonzales, the Ninth Circuit denied a petition seeking to prevent removal of an alien due to conviction of an offense of sexual misconduct with a minor. The Court joined the First, Third, Fifth and Seventh Circuits in finding that a statute need no longer be interpreted to apply an exception to exclusion to prevent removal.
In Loma Linda University v. Leavitt, the Ninth Circuit held that the Provider Reimbursement Review Board may order reimbursement for a provider’s cost allowable under the Medicare regulations, but excluded from the provider’s cost report. The Court joined with the First Circuit in reaching this conclusion, and disagrees with the Seventh’s Circuit’s resolution of this issue.
