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The Court did, however, acknowledge a circuit split on this question, citing a case [5] from the Fifth Circuit where that court found that such statements are the "functional equivalent" of a prohibited opinion on mental state. [2] Despite this, the Ninth Circuit, bound by its precedent, [6] upheld Diaz's
The district court granted summary judgment for Merrell Dow, and Daubert and Schuller appealed to the Ninth Circuit. The Ninth Circuit found the district court correctly granted summary judgment because the plaintiffs' proffered evidence had not yet been accepted as a reliable technique by scientists who had had an opportunity to scrutinize and ...
The Florida circuit courts are state courts and trial courts [1] of original jurisdiction for most controversies. In Florida, the circuit courts are one of four types of courts created by the Florida Constitution (the other three being the Florida Supreme Court , Florida district courts of appeal , and Florida county courts ).
Last Friday, the U.S. Court of Appeals for the 9th Circuit, which is not known for its friendliness to Second Amendment rights, dealt a blow to that end run by partly upholding two preliminary ...
This case is noteworthy because it has been cited in at least sixteen subsequent legal opinions—not only in the Ninth Circuit Court of Appeals, [5] but also in the Second Circuit Court of Appeals, [6] the Seventh Circuit Court of Appeals, [7] and federal district courts in California, [8] Florida, [9] Indiana, [10] Kansas, [11] and ...
Old Chief v. United States, 519 U.S. 172 (1997), discussed the limitation on admitting relevant evidence set forth in Federal Rule of Evidence 403. Under this rule, otherwise relevant evidence may be excluded if the probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or considerations of undue delay ...
The United States Court of Appeals for the Ninth Circuit granted the vacatur, finding that a plea is not voluntary unless the prosecution disclosed impeachment information to the defendant. This constituted a violation of the rule in United States v. Brady that pleas have to be voluntarily, knowingly, and intelligently made. [1]
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