Alex Kozinski
How Judge Kozinski rules, drawn from 26 signed orders. Every observation links to the order it came from.
Judge Kozinski no longer sits on this court. This profile is preserved as a historical record of how they ruled here.
About Judge Kozinski
Alex Kozinski was a judge of the United States Court of Appeals for the Ninth Circuit. Appointed by President Ronald Reagan, Judge Kozinski received a commission on November 7, 1985. Judge Kozinski retired on December 18, 2017.
How Judge Kozinski decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Requires officers to reassess force when facts indicate that an immediate threat may have ended.
“But terminating a threat doesn’t necessarily mean terminating the suspect.”
Treats an express jury finding as a binding limit on contrary judicial factfinding at sentencing.
“contradicting juries as to findings of facts”
Procedural preferences
In West, Kozinski held that a notice of appeal and brief sufficiently conveyed the appellant’s intent to appeal dismissal of a defendant, despite defects in the notice’s form.
“West’s NOA and brief included sufficient information to put any reader on notice of his appeal. His intent to appeal was clear, and Gordwin suffered no prejudice.”
Separates statutory liability from equitable repayment questions and remands the latter to the agency.
“The case is remanded to the Secretary to consider whether special circumstances exist that may excuse repayment by either CEMS or the Consortium.”
Cautions
Applies deferential habeas review even when the panel regards a different trial-court approach as preferable.
“We don’t approve of what the trial court did in this case. Our rule in Symington is preferable. But this is not a direct appeal, and we are not permitted to second-guess state-court judges because we might have reached a different result in the first instance.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“AFFIRMED IN PART, REVERSED IN PART.”
“AFFIRMED IN PART, REVERSED IN PART AND REMANDED.”
“Given AEDPA’s preternaturally deferential standard of review, the district court’s order denying habeas relief must be AFFIRMED.”
“The judgment below is REVERSED.”
A historical record
Judge Kozinski no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.