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Retired Emps. Ass'n of Orange Cnty., Inc. v. Cnty. of Orange

United States Court of Appeals, Ninth Circuit.
Dec 19, 2011
663 F.3d 1292 (9th Cir. 2011)
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Summary

holding that appeal waivers are valid and enforceable where “ the disputed issue falls within the scope of the waiver of appellate rights; the defendant knowingly and voluntarily waived his appellate rights; and enforcing the waiver would not result in a miscarriage of justice”

Summary of this case from United States v. Hardman
See 16 Summaries

Opinion

No. 09–56026.

2011-12-19

RETIRED EMPLOYEES ASSOCIATION OF ORANGE COUNTY, INC., Plaintiff–Appellant, v. COUNTY OF ORANGE, Defendant–Appellee.

Michael P. Brown, Moscone, Emblidge & Quadra, LLP, San Francisco, CA, for the Plaintiff–Appellant. Arthur Anthony Hartinger, Meyers, Nave, Riback, Silver & Wilson, Oakland, CA, for the Defendant–Appellee.

PER CURIAM:

Michael P. Brown, Moscone, Emblidge & Quadra, LLP, San Francisco, CA, for the Plaintiff–Appellant. Arthur Anthony Hartinger, Meyers, Nave, Riback, Silver & Wilson, Oakland, CA, for the Defendant–Appellee. Appeal from the United States District Court for the Central District of California, Andrew J. Guilford, District Judge, Presiding. D.C. No. 8:07–cv–01301–AG–MLG, Central District of California, Santa Ana.Before: STEPHEN S. TROTT and WILLIAM A. FLETCHER, Circuit Judges, and JAMES C. MAHAN, District Judge.

The Honorable James C. Mahan, District Judge for the U.S. District Court for Nevada, sitting by designation.

ORDER

PER CURIAM:

This court has now received an answer from the California Supreme Court to the question certified to that court. See Retired Employees Assoc. of Orange County v. County of Orange, 52 Cal.4th 1171, 134 Cal.Rptr.3d 779, 266 P.3d 287 (2011). We remand this case to the district court for further proceedings consistent with the answer provided by the California Supreme Court.

In light of the nature of the dispute in this case, and in light of the delay that has already taken place, we encourage the district court to act promptly. In the event of another appeal, this panel will retain jurisdiction and will give scheduling priority to the appeal.

So ordered.

REMANDED.

Summaries of

Retired Emps. Ass'n of Orange Cnty., Inc. v. Cnty. of Orange

United States Court of Appeals, Ninth Circuit.
Dec 19, 2011
663 F.3d 1292 (9th Cir. 2011)

holding that appeal waivers are valid and enforceable where “ the disputed issue falls within the scope of the waiver of appellate rights; the defendant knowingly and voluntarily waived his appellate rights; and enforcing the waiver would not result in a miscarriage of justice”

Summary of this case from United States v. Hardman

holding that where an adult defendant fathered a child with a twelve year old girl, the district court had no compelling reason to limit Defendant's contact with male minor family members because there was no indication that Defendant was dangerous to male minors, only female minors

Summary of this case from United States v. Mike

reversing condition prohibiting defendant from having contact with his son where there was “absolutely no evidence in the record” that he posed a danger to the son, and remanding only for district court to devise a more limited condition that did not infringe on defendant's fundamental right to familial association

Summary of this case from United States v. Child

striking a condition of supervised release requiring prior written permission by the United States Probation Office before the defendant could have contact with his son

Summary of this case from Allen v. State

recognizing “a fundamental right of familial association” and vacating a condition prohibiting the defendant from having contact with his minor son and other minor relatives unless he received advance permission from his probation officer

Summary of this case from United States v. Baker

reviewing decision granting government's motion to modify conditions of supervised release for abuse of discretion

Summary of this case from United States v. Williams

collecting cases from the Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits

Summary of this case from United States v. Inouye

stating that a restriction on contact with the defendant's young relatives violated the Constitution notwithstanding the allowance of contact upon permission by a probation officer

Summary of this case from United States v. Burns

stating that a similar condition interfered with the right of familial association

Summary of this case from United States v. Burns

allowing defendant's appeal of modifications of his supervised release conditions despite his waiver of the “right to appeal any sentence within statutory range”

Summary of this case from United States v. Hardman

reasoning that “a post-conviction modification of a term of imprisonment under [18 U.S.C.] § 3582(c) creates a new right of appeal that is separate from the defendant's right to appeal his original sentence”

Summary of this case from United States v. Hardman

differentiating the right to directly appeal the sentence memorialized in the judgment and commitment order, inclusive of the original term of imprisonment and terms and conditions of supervised release, from the separate and distinct right to appeal a subsequent modification of the terms of imprisonment or supervised release that could be imposed months, if not years, later

Summary of this case from United States v. Wilson

In United States v. Lonjose, 663 F.3d 1292, 1302 (10th Cir. 2011), the court considered a sex offender probationer’s challenge to conditions limiting his contact "with his [six] year old son and other minor male relatives."

Summary of this case from Salah v. People

noting that a district court abuses its discretion where it imposes a condition that infringes upon that right to parent “in the absence of a record that ‘unambiguously support a finding’ that the defendant is a danger to his own family members.”

Summary of this case from Allen v. State

describing a compelling circumstance as one where the record supports a finding "that the defendant is a danger to his own family members"

Summary of this case from People v. Zoller

discussing that conditions of supervised release must not be overly broad

Summary of this case from People v. Zoller
Case details for

Retired Emps. Ass'n of Orange Cnty., Inc. v. Cnty. of Orange

Case Details

Full title:RETIRED EMPLOYEES ASSOCIATION OF ORANGE COUNTY, INC., Plaintiff–Appellant…

Court:United States Court of Appeals, Ninth Circuit.

Date published: Dec 19, 2011

Citations

663 F.3d 1292 (9th Cir. 2011)
11 Cal. Daily Op. Serv. 15189

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