Wednesday, January 6, 2010

Appellate Review: U.S. v. Hinkson, 585 F.3d 1247 (9th Cir. 2009); en banc Court Reverses Panel

The summary of this case is provided in a previous entry; June, 2008. The Ninth Circuit en banc court reverses that decision. The en banc majority in Hinkson undertakes the task of reviewing the proper rule of appellate courts when reviewing decisions written by district courts. Because the Ninth Circuit repeatedly substitutes its judgment for trial courts, the en banc court establishes the proper test for review: ". . .The scope of our review limits us to determining whether the trial court reached a decision that falls within any of the permissible choices the court could have made. In other words,. . . the reviewing court must still include some measure of deference to the trial court's factual findings." The en banc court discusses appellate review extensively and is clearly a reprimand to Ninth Circuit decisions reversing trial courts by invoking their own policy decisions.

1 comment:

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