10 results for 'judge:"Murguia "'.
J. Murguia vacates a sentence and remands a matter which the panel voted to rehear to reconsider the heightened standard of proof for factual findings at sentencing. The panel overruled its prior precedent and fully adopted the ���preponderance of the evidence��� standard. The matter stems from a search of a cell phone while defendant was on probation which yielded images of defendant in his home with a firearm and magazine. Defendant was indicted for and pleaded guilty to a single count of illegal possession of a firearm as a convicted felon.
Court: 9th Circuit, Judge: Murguia , Filed On: May 2, 2024, Case #: 22-50064, Categories: Evidence, Sentencing
J. Murguia dismisses a complaint of judicial misconduct against a district judge. The matter is governed by the Rules for Judicial Conduct and Judicial-Disability Proceedings, therefore, the names of complainant and the subject judge are not disclosed in the order.
Court: 9th Circuit, Judge: Murguia, Filed On: April 16, 2024, Case #: 22-90122, Categories: Judiciary
J. Murguia orders that a case be reheard. The three-judge panel opinion is vacated. The matter stems from a privacy and misappropriation of name and likeness class action in which defendant allegedly used the class lead's name and personal information, including contact information and work histories, to promote its subscription service and sold access to that information without consent.
Court: 9th Circuit, Judge: Murguia, Filed On: January 18, 2024, Case #: 22-35305, Categories: Privacy, Class Action
J. Murguia orders that a three-judge panel opinion be vacated and that a matter can be reheard. The matter stems from multiple plaintiffs' lawsuit to "defend their fundamental liberty to pursue their chosen work as independent service providers." Plaintiffs alleged that California Assembly Bill 5, a 2020 enacted statute, violates the Equal Protection and Due Process Clauses of the Fourteenth Amendment, the Ninth Amendment, and the Contracts Clause of Article I of the US Constitution.
Court: 9th Circuit, Judge: Murguia, Filed On: December 18, 2023, Case #: 21-55757, Categories: Constitution, Employment
J. Murguia dismisses a pro se litigant's complaint of judicial misconduct against a district judge. Review of this complaint is governed by the Rules for Judicial-Conduct and Judicial-Disability Proceedings. The names of the complainant and the subject judge are not be disclosed in this order. This misconduct complaint arises out of an attorney disciplinary matter. Because complainant provides no objectively verifiable evidence of misconduct in this matter, the allegation must be dismissed.
Court: 9th Circuit, Judge: Murguia, Filed On: November 15, 2023, Case #: 22-90006, Categories: Judiciary, Attorney Discipline
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J. Murguia finds that a matter is to be reheard and vacates a previous order. The matter involves a near-absolute ban on abortion in the state of Idaho, but under federal law hospitals that receive Medicare funds are required to provide abortions for emergencies that include ectopic pregnancy, severe preeclampsia, a septic infection or hemorrhage.
Court: 9th Circuit, Judge: Murguia, Filed On: October 10, 2023, Case #: 23-35440, Categories: Health Care, Medicare
J. Murguia denies an immigrant's petition for review of an immigration judge���s decision upholding an asylum officer���s negative reasonable fear determination following the reinstatement of a prior order of removal. The matter involves a Mexican immigrant who reentered the United States without inspection in 2003. The determination was reasonable and the immigrant's petition was denied on the merits.
Court: 9th Circuit, Judge: Murguia, Filed On: September 8, 2023, Case #: 15-72821, Categories: Immigration
J. Murguia finds that the district court properly dismissed a medical provider's complaint alleging that its insurer, Fireman���s Fund Insurance Company, improperly denied coverage for losses it sustained because of the Covid-19 pandemic. The matter was dismissed for failure to state a claim. Affirmed.
Court: 9th Circuit, Judge: Murguia, Filed On: July 31, 2023, Case #: 22-35047, Categories: Insurance, Covid-19
J. Murguia enters an amended opinion in a matter in which the panel previously denied a petition for rehearing challenging petitioner's immigration detention. In the amended opinion, a noncitizen who initially was subject to mandatory detention is not entitled to a bond hearing while awaiting a decision from the Ninth Circuit Court of Appeals on a petition for review.
Court: 9th Circuit, Judge: Murguia, Filed On: June 6, 2023, Case #: 20-16142, Categories: Immigration
J. Murguia finds that the district court properly entered convictions for attempted sexual exploitation of a minor and possession of child pornography. At trial, the jury heard extensive evidence that defendant placed a hidden camera in his bathroom with the purpose of secretly recording and amassing a collection of nude videos of his then fourteen-year-old stepdaughter. Sufficient evidence supported the conviction. Affirmed.
Court: 9th Circuit, Judge: Murguia , Filed On: May 30, 2023, Case #: 21-30272, Categories: Evidence, Sex Offender