Betty Binns Fletcher

U.S. Court of Appeals for the Ninth Circuit circuit Deceased · served 1979–2012 Appointed by Jimmy Carter (Democratic) 28 signed orders read

Judge Fletcher no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Fletcher decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Requires a concrete, case-specific showing before approving intrusive investigative methods.

“the application does not otherwise make a particularized showing of necessity.”

Treats an agency rule that changes legal obligations as legislative and therefore subject to notice-and-comment procedure.

“the DEA's putative interpretive rule is invalid.”

Procedural preferences

Requires administrative adjudicators to develop the record when an unrepresented claimant's combined impairments are reasonably apparent.

“the ALJ did not meet his obligation to develop the record”

Requires agencies to examine reasonable alternatives before committing to a site-specific course of action.

“the Army’s compliance with NEPA does involve us.”

Cautions

Treats withheld evidence as material when it could materially strengthen a mistaken-identity defense.

“the suppressed evidence was material to Jerni-gan’s guilt.”

A single online sale, without more, does not establish personal jurisdiction in the buyer's home forum.

“Does the sale of an item via the eBay Internet auction site provide sufficient “minimum contacts” to support personal jurisdiction over a nonresident defendant in the buyer’s forum state?”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Agbuya v. Immigration and Naturalization Service
· 2001-03-12
Petition for review (asylum-petitioner) Granted

“PETITION GRANTED.”

Holohan v. Massanari
· 2001-04-17
Appeal (disability-claimant-appellant) Granted

“Reversed and Remanded with Instructions.”

Lal v. Immigration and Naturalization Service
· 2001-07-03
Petition for review (asylum-petitioners) Granted

“GRANT Mr. Lai’s petition for review, GRANT withholding of deportation, and REMAND”

Regula v. Delta Family-Care Disability Survivorship Plan
· 2001-09-24
Appeal (benefits-claimant-appellant) Granted

“VACATED AND REMANDED.”

United States v. Blackmon
· 2001-12-12
Appeal (defendant-appellant) Granted

“REVERSED AND REMANDED.”

Winarto v. Toshiba America Electronics Components, Inc.
· 2001-12-21
Appeal (employee-appellant) Granted in part

“AFFIRMED IN PART, REVERSED IN PART and REMANDED.”

Jenkins v. Johnson
· 2003-05-20
Appeal (habeas-petitioner-appellant) Granted

“VACATED AND REMANDED.”

Celaya v. Halter
· 2003-06-17
Appeal (disability-claimant-appellant) Granted in part

“AFFIRMED IN PART, REVERSED IN PART, VACATED, AND REMANDED WITH INSTRUCTIONS.”

McEuin v. Crown Equipment Corp.
· 2003-06-17
Appeal (defendants-appellants) Denied

“AFFIRMED.”

Hemp Industries Association v. Drug Enforcement Administration
· 2003-06-30
Petition for review (industry-petitioners) Granted

“GRANTED.”

Brown v. Poole
· 2003-08-04
Appeal (habeas-petitioner-appellant) Granted

“WRIT GRANTED.”

Oregon Paralyzed Veterans of America v. Regal Cinemas, Inc.
· 2003-08-13
Appeal (plaintiffs-appellants) Granted

“REVERSED AND REMANDED.”

A historical record

Judge Fletcher no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.