Richard C. Tallman

How Judge Tallman rules, drawn from 46 signed orders. Every observation links to the order it came from.

Court
U.S. Court of Appeals for the Ninth Circuit
Position
circuit
Appointed by
Bill Clinton (Democratic)
Commissioned
2000-05-25
Education
University of Santa Clara (now Santa Clara University) (B.Sc., 1975); Northwestern University School of Law (J.D., 1978)
Signed orders read
46

How Judge Tallman decides

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

What persuades

He treats coded efforts to conceal contraband as evidence that a person intended to preserve privacy in a closed container rather than waive it.

“Monghur’s efforts to conceal the subject matter based on what he said on the phone demonstrate both an objective and subjective intention to preserve privacy — not to relinquish it.”

He enforces mandatory statutory prerequisites as written and declines to create a futility exception to the safety-valve disclosure requirement.

“We hold that there is no futility exception to the proffer requirement in § 3553(f)(5).”

When a statutory damages remedy depends on a fact such as net worth, he places the production burden on the party seeking the award.

“Because the FDCPA makes evidence of the defendant’s net worth essential to an award of class statutory damages, we agree with the district court and affirm.”

Procedural preferences

He declines to extend an implied constitutional damages remedy into a new setting when alternative remedial avenues are available.

“In light of the available alternative remedies, we decline to expand Bivens in this context.”

Even when the government's principal search theory fails, he admits evidence that routine lawful procedures would inevitably have uncovered.

“Therefore, the evidence was properly admitted under the inevitable discovery exception to the exclusionary rule.”

Signed rulings

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

United States v. Marquez
04-30271 · 2005-07-18
Appeal (appellant (defendant Sergio Ramon Marquez)) Denied

“The district court properly denied Marquez's motion to suppress the contraband found during TSA screening.”

J & J Celcom v. AT&T Wireless Services, Inc.
05-35567 · 2007-11-20
Appeal (appellants (plaintiffs J & J Celcom and other former minority partnership-interest owners)) Denied

“AFFIRMED.”

United States v. Ruckes
08-30088 · 2009-11-09
Appeal (appellant (defendant Adrick Ruckes)) Denied

“Therefore, the evidence was properly admitted under the inevitable discovery exception to the exclusionary rule.”

United States v. Monghur
08-10351 · 2009-12-04
Appeal (appellant (defendant Brandon Monghur)) Granted

“For the foregoing reasons, we VACATE the conviction and the order denying Monghur's suppression motion and REMAND to the district court for further proceedings.”

Bylsma v. Burger King Corp.
10-36125 · 2013-02-12
Appeal (appellant (plaintiff Edward J. Bylsma)) Granted

“The Washington Supreme Court has now held that the WPLA permits relief in such circumstances, therefore we REVERSE and REMAND to permit Bylsma to amend his Complaint to conform to Washington law.”

United States v. Gonzalez-Aguilar
12-50048 · 2013-06-13
Appeal (appellant (defendant Ubaldo Gonzalez-Aguilar)) Denied

“We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm the sentence imposed by the district court.”

United States v. Ezeta
12-10304 · 2014-05-23
Appeal (appellant (the United States; defendant-appellee Carlos Javier Ezeta)) Granted

“REVERSED AND REMANDED.”

Ezell v. United States
14-73770 · 2015-01-23
Appeal (movant (federal prisoner Terry L. Ezell, seeking authorization to file a second or successive 28 U.S.C. 2255 petition)) Denied

“For that reason, we deny Ezell's motion for certification to file another habeas corpus petition.”

United States v. Ortiz
13-30361 · 2015-01-23
Appeal (appellant (defendant Richard Anthony Ortiz)) Denied

“Since we hold the district court did not abuse its discretion in ruling on the authentication of his voice on the recordings, we affirm Ortiz's conviction.”

City of Mukilteo v. U.S. Department of Transportation
13-70385 · 2016-03-04
Petition for review (petitioners (City of Mukilteo, City of Edmonds, Save Our Communities, and others)) Denied

“PETITION FOR REVIEW DENIED.”

Stacy v. Colvin
13-36025 · 2016-06-07
Appeal (appellant (Social Security claimant Donald G. Stacy)) Denied

“We affirm the judgment of the district court.”

United States v. Prigge
15-10260 · 2016-07-29
Appeal (appellant (defendant Terance Taylor Prigge)) Denied

“Prigge's conviction is therefore AFFIRMED.”

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Ezel grounds your drafting and research in this profile: what has persuaded Judge Tallman, and what has not, cited to the signed orders.

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