Johnnie B. Rawlinson

“The district court committed no error in the pre-trial, trial or sentencing phases of this case. Herrera's conviction and sentence are AFFIRMED.”

“Because the state court order was not a QDRO, it impermissibly alienated Branco's pension benefits to Anna as a deceased former spouse. ... REVERSED and REMANDED for entry of judgment in favor of Branco.”

“Because the California courts have interpreted section 148 in such a manner as to incorporate a finding of no excessive force, we AFFIRM the district court's ruling that Heck bars Thomas Smith's section 1983 action.”

“Because there is a genuine issue of material fact as to whether Watkins was engaged in interstate commerce while performing his duties, we reverse the grant of summary judgment in favor of Ameripride on the overtime claim. Because the district court properly concluded that Ameripride fulfilled its obligations under the FEHA, we affirm the judgment in favor of Ameripride on Watkins' reasonable accommodation claim.”

“Custer's claim that the Oregon court violated his rights under the Fifth Amendment fails. ... Custer's petition that his counsel was ineffective ... fails because Custer did not fairly present the ineffective assistance of counsel claim to the Oregon Supreme Court, and no cause exists to excuse the procedural default. ... AFFIRMED.”

“We reverse the district court's grant of a conditional writ of habeas corpus because the California Superior Court's decision affirming the petitioner's sentence was not contrary to or an unreasonable application of clearly established federal law.”

“Because the IJ's determinations were supported by substantial evidence, we deny the petition.”

“Because the hearing officer determined that student A.O. was deprived of a free and appropriate public education (FAPE), and that A.O. was eligible for special education, A.O. was a prevailing party entitled to an award of attorneys' fees. We reverse the district court's ruling to the contrary and remand for an award of attorneys' fees.”

“We conclude that the state court's application of harmless error review to the trial court's jury instruction lowering the prosecution's burden of proof was contrary to or an unreasonable application of clearly established Supreme Court precedent. We reverse the district court's denial of Byrd's habeas petition as to that issue. We otherwise affirm the district court's decision.”

“We conclude that the BOP's categorical exercise of discretion as promulgated in 28 C.F.R sections 570.20 and 570.21 violates Congress's intention regarding the statutory inmate placement and transfer considerations the BOP must undertake, and we affirm the district court's decision.”

“We have jurisdiction pursuant to 28 U.S.C. section 1291, and we reverse the award of fees because the services performed by King Hall on behalf of Clark Allen Kimbrough did not culminate in establishing a violation of Kimbrough's legal rights.”

“Because the BIA did not engage in improper factfinding, we deny the petition for review.”