U.S. Court of Appeal 9th Circuit Opinions
Case Summaries-April 20, 2000

9TH Circuit Case Law 4/20/00
[9TH-CASELAW] 4/20/00 Case Law
Date: Thu, 20 Apr 2000 15:32:34 -0700

U.S. Court of Appeal 9th Circuit Opinions
Case Summaries - April 20, 2000

CONSTITUTIONAL LAW

GENTALA v. CITY OF TUCSON (4/20/00 - No. 97-17062)
Where government has created a forum for expressive activities that includes
the provision of financial subsidies or in-kind services, provision of the
subsidies or services to a speaker with a religious perspective will not
violate the Establishment Clause as long as those services are provided to
all speakers in the forum on a religiously neutral basis.

To read the full text of this opinion, go to:
http://laws.findlaw.com/9th/9717062.html 
GENTALA v CITY OF TUCSON-No. 9717062 - 04/20/00-FCP
GENTALA v THE CITY OF TUCSON-No. 9717062v2 - 03/30/2001-FCP
GENTALA v THE CITY OF TUCSON-No. 9717062v2 - 03/30/2001-FCP
GENTALA v CITY OF TUCSON-No. 9717062p - 01/08/2002-ORDER-FCP
GENTALA v CITY OF TUCSON-No. 9717062p - 01/08/2002-FCP (OFFICIAL SITE)
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/19465D2FC803308088256B3B0000AEF0/$file/9717062o.PDF?openelement

CRIMINAL LAW

US v. CHON (4/20/00 - No. 98-10469)
Although the military is generally prohibited from participating in civilian
law enforcement activities, military involvement is permitted when there is
an independent military purpose, such as protection of military equipment.

To read the full text of this opinion, go to:
http://laws.findlaw.com/9th/9810469.html
CRIMINAL LAW-US v. CHON (4/20/00 - No. 98-10469)

CRIMINAL LAW

US v. JACKSON (4/20/00 - No. 98-17410)
Senator's general denial under oath that he accepted a bribe was lacking in
specificity, causing the court to determine that a new trial would not
produce defendant's acquittal for various crimes relating to the bribery.

In the second development, a former juror in Jackson's trial
made a statement to a defense investigator that suggests that
the juror may have believed at the time of the trial that Jack-
son's co-defendant, or possibly even Jackson, was tampering
with the jury. On appeal we are unable to determine whether,
at the time of Jackson's trial, the juror actually believed that
a telephone threat he received had come from one of the
defendants in the trial. If the juror had believed at the time
that the threat was connected with the trial, that fact would
place a heavy burden on the government to show there was
no prejudice to Jackson. See United States v. Dutkel, 192 F.3d
893, 894 (9th Cir. 1999). "Because even a single partial juror
violates a defendant's constitutional right to a fair trial,"
United States v. Angulo, 4 F.3d 843, 848 (9th Cir. 1993), we
remand to the district court for an evidentiary hearing on this
question.

To read the full text of this opinion, go to:
http://laws.findlaw.com/9th/9817410.html  
CRIMINAL LAW-US v. JACKSON (4/20/00 - No. 98-17410)-FCP-9th Ct.App.Op.

PROFESSIONAL RESPONSIBILITY

FIRST INTERSTATE v. MURPHY (4/20/00 - No. 98-17420)
Law firm does not owe its client a duty to disclose that it hired the law
clerk of a judge before whom it was appearing in a pending matter, since
judge and law clerk were in the best position to prevent impropriety.

To read the full text of this opinion, go to:
http://laws.findlaw.com/9th/9817420.html
PROFESSIONAL RESPONSIBILITY-FIRST INTERSTATE v. MURPHY (4/20/00 - No. 98-17420)FCP-9th Ct.App.Op.

CRIMINAL PROCEDURE

US v. VONN (4/20/00 - No. 98-50385)
Mere fact that criminal defendant has been assigned a lawyer for a plea
hearing does not, standing alone, absolve district court judge of
responsibility to advise defendant of his continuing right to an attorney at
trial pursuant to Federal Rule of Criminal Procedure 11(c)(3).

To read the full text of this opinion, go to:
http://laws.findlaw.com/9th/9850385.html
USA v VONN-No. 9850385 - 04/20/00FCP-9th Ct.App.Op.
USA v VONN-No. 9850385v2 - 09/14/00FCP-9th Ct.App.Op.  
US v. VONN (06/20/02 - No. 98-50385)US v. VONN-ORDER-FCP-9th Ct.App.Op.
USA v. ALPHONSO VONN-No. 9850385pv3 - 06/20/2002-OFFICIAL SITE
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8B66AB4B734440A288256BDD00768E4F/$file/9850385o.pdf?openelement

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Copyright 2000 

U.S. Court of Appeal 9th Circuit Opinions Case Summaries - April 20, 2000-FCP-9th Ct.App.Op.
CONSTITUTIONAL LAW_GENTALA v. CITY OF TUCSON (4/20/00 - No. 97-17062)