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9th Circuit Case Summaries

11-20-2003

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CIVIL PROCEDURE, INJURY AND TORT LAW, MANUFACTURING

ILETO v. GLOCK INC., No. 02-56197 (9th Cir. November 20, 2003)
District Court's dismissal is reversed as plaintiffs have stated a
cognizable claim under California tort law for negligence and public
nuisance against the manufacturers and distributor of the guns used
in shootings. Dismissal in favor of all other defendants, however is
affirmed.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0256197p.pdf
ILETO v. GLOCK INC., No. 02-56197 (9th Cir. November 20, 2003)

CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE

WILKINS v. CITY OF OAKLAND, No. 03-15086 (9th Cir. November 20,
2003)
In an action against police officers, denial of summary judgment is
affirmed because the answer to the police officer's qualified
immunity defense depends on disputed issues of material fact, which
is not a legal inquiry, but rather a question of fact best resolved
by a jury.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0315086p.pdf

WILKINS v. CITY OF OAKLAND, No. 03-15086 (9th Cir. November 20,2003)

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS

GRIFFIN v. JOHNSON, No. 01-36157 (9th Cir. November 20, 2003)
District Court did not abuse its discretion by deciding that an
evidentiary hearing was unnecessary. Petitioner has not established
that an evidentiary hearing would produce evidence more reliable or
more probative than the evidence already before the district court.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0136157p.pdf

GRIFFIN v. JOHNSON, No. 01-36157 (9th Cir. November 20, 2003)
 

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS

BELMONTES v. WOODFORD, No. 01-99018 (9th Cir. November 20, 2003)
Denial of habeas writ is reversed and remanded to issue a writ
vacating the death sentence as the jury was not instructed that it
must consider petitioners' principal mitigation evidence, and there
was a reasonable probability that the instructional error affected
the jury's decision to impose the death penalty.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0199018p.pdf

BELMONTES v. WOODFORD, No. 01-99018 (9th Cir. November 20, 2003)