9th Circuit Revisits the "Abuse of Discretion" Standard

Abuse of discretion. Remember it? It was that hazy standard of review you toiled over in civil procedure. Happily, Judge Bea on the 9th Circuit has attempted to make it a bit clearer. On November 5, an en banc court decided United States v. Hinkson, No. 05-30303 (9th Cir. Nov. 5, 2009), clarifying the circuit's standard. The question in Hinkson was principally whether the district court in that case abused its discretion in denying the defendant's motion for a new trial based on newly discovered evidence. The facts and implications of the opinion follow below.

What A Jerk (Chicken) That Judge Is!

Judges beware: telling a defendant that bringing chicken into your court (even if it is delicious, delicious chicken) in order to prove completion of community service may result in chicken being brought into your court room (much to your palate's delight and your career's chagrin)!

Personally, I don't see why the State's Attorney's Office and the Circuit Chief Judge got so upset. So what? The judge was made to eat his words. Literally. The fact is, the defendant followed a court order and justice was served (Jamaican Jerk-style, but sans slaw). I bet the Assistant State's Attorney was just upset that she didn't get a drumstick.