Michael Daly Hawkins
How Judge Hawkins rules, drawn from 37 signed orders. Every observation links to the order it came from.
How Judge Hawkins decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In a tent-search case, Hawkins separated a reasonable expectation of privacy from permission to occupy public land. A concealed, enclosed tent and personal effects supported privacy even if the occupant was camping without authorization or engaged in illegal activity.
“However, we do not believe the reasonableness of Sandoval’s expectation of privacy turns on whether he had permission to camp on public land.”
In an environmental-liability case, Hawkins acknowledged that the plaintiffs offered a plausible reading of statutory disposal language but followed binding circuit interpretations of the same operative terms. Broad remedial purpose could not replace analysis grounded in the statute's text and structure.
“Plaintiffs’ interpretation appears a reasonable enough construction of § 9607(a)(3), and if we were writing on a blank slate, we might be persuaded to adopt it. However, we do not write on a blank slate.”
In an immigration notice case, Hawkins declined to import the strong delivery presumption developed for certified mail into a regular-mail regime. A sworn nonreceipt account, supported by the applicant's earlier appearance and lack of motive to avoid the hearing, ordinarily warranted an evidentiary hearing.
“Although it is still proper to presume that postal officers properly discharge their duties, delivery by regular mail does not raise the same ‘strong presumption’ as certified mail, and less should be required to rebut such a presumption.”
In an unlawful-reentry prosecution, Hawkins tested the removal order used as an element of the offense. The only charged removal ground treated a vehicular-manslaughter conviction as an aggravated felony, but intervening authority established that it was not, leaving no valid predicate and clear prejudice.
“Thus, Camacho was removed when he should not have been and clearly suffered prejudice.”
Cautions
In a military medical-malpractice case, Hawkins followed a directly controlling decision applying the incident-to-service bar to prenatal care at a military hospital. The panel criticized the doctrine and described the case as a compelling candidate for an exception, but left any change to the Supreme Court.
“If ever there were a case to carve out an exception to the Feres doctrine, this is it. But only the Supreme Court has the tools to do so.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Because there is no evidence before us that such an inquiry occurred, the district court's order is REVERSED and this matter is REMANDED to the district court for proceedings consistent with this opinion.”
“Accordingly, we VACATE Cuevas-Go-mez's sentence and REMAND the case for proceedings consistent with this opinion.”
“His conviction is REVERSED, and the case is REMANDED for a new trial.”
“Therefore, Cervantes' debt to the County for pre-judgment AFDC payments meets all three criteria under section 656(b) and is not dischargeable in bankruptcy. The decision of the BAP is REVERSED.”
“Accordingly, we reverse and remand to the district court with instructions that it permit Ruiz to withdraw his plea. REVERSED and REMANDED.”
“PETITION FOR REVIEW GRANTED. REMANDED.”
“Because we also determine that there is no requirement that AMD show that what is sought would be discoverable in the proceedings before the European Commission, the district court may proceed to consider AMD's request on the merits. REVERSED and REMANDED.”
“The district court's grant of summary judgment is REVERSED, and this case is REMANDED to the district court for further proceedings consistent with this opinion.”
“We, therefore, reverse and remand with instructions to dismiss the indictment. REVERSED and REMANDED.”
“Thus, we reverse the district court's orders denying Teck's motion to strike and/or dismiss and motion for reconsideration, and remand for the processing of Plaintiffs' remaining claims. REVERSED AND REMANDED.”
“We REVERSE in part the district court's evidentiary ruling, REVERSE summary judgment on the SCA claim, and REMAND the case for further proceedings consistent with this opinion. REVERSED and REMANDED. Costs awarded to Appellant.”
“AFFIRMED IN PART, REVERSED IN PART, and REMANDED. Costs on appeal to Plaintiffs.”
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