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.
Showing posts with label Appellate Review. Show all posts
Showing posts with label Appellate Review. Show all posts
Tuesday, November 10, 2009
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.
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