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No. 09-55902, 2013 WL 1092793 (2013 Revised Ninth Circuit Opinion), 667 F.3d 1022 (9th Cir. 2011) (Original Ninth Circuit Opinion), CV 07-5744 AHM (AJWx) (District Court Opinion) Case history; Appealed from: United States District Court for the Central District of California: Court membership; Judges sitting
The superior court either holds oral argument or publishes a tentative ruling followed by hearing oral argument, and then files an order granting or denying the petition. Further appellate relief is pursued on direct appeal before the relevant Court of Appeal (rather than by another writ petition).
An order of this sort is typically appropriate when there has been a change in legal circumstances subsequent to the lower court or agency's decision, such as a change in the law, a precedential ruling, or a confession of error; the Supreme Court simply sends the case back to the lower court to be reconsidered in light of the new law or the new ...
Rehearing may refer to: In law , a rehearing is a procedure where a tribunal reconsiders a matter after previously conducting a hearing on the same matter Parties generally request rehearings by filing a " petition for rehearing" or a " motion for rehearing"
On July 17, 2014, Santai-Gaffney filed a petition in the Third Circuit to rehear her motion to intervene, or to rehear it en banc. With no judge that concurred in denying the original motion asking for rehearing, and all active judges in the circuit voting against, on August 4, 2014, the petition for rehearing was denied. [26] [27]
On July 16, 2010, the three-judge panel of the Ninth Circuit Court issued an order stating that "The full court has been advised of the petitions for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. The petitions for panel rehearing and the petitions for rehearing en banc are denied." [17]
The United States District Court found the arrest to be proper and admitted the evidence, and a jury then convicted the defendant of a federal crime. The Ninth Circuit affirmed the judgment of conviction. While the defendant's petition for rehearing was pending before the Court of Appeals, the United States Supreme Court decided Payton v.
Rule 13 of the United States Supreme Court Rules of Procedure requires the losing party in a case before a court of appeals to file a petition for a writ of certiorari within 90 days from the date the court of appeals enters its judgment, or from the date of the denial of a petition for rehearing in the court of appeals. The Sixth Circuit's ...