Monday, August 19, 2013

"Cutting in Line at the 9th Circuit"

That's the title of appellate specialist Marc Poster's article in today's DJ about writ petitions in the 9th Circuit. The typical advice about 9th Circuit writ petitions is merely "don't bother." Today's article notes that "the 9th Circuit grants only a small percentage of writ petitions filed," but outlines the guiding Bauman factors and gives examples of successful petitions.
In Bauman [v. U. S. District Court, 557 F.2d 650, 654-55 (9th Cir. 1977)], the court promulgated five guidelines for granting writ relief. Even if it appears the district court has erred, the 9th Circuit will still weigh five other factors in deciding whether writ relief is appropriate: (1) whether the petitioner has no other adequate means, such as direct appeal, to obtain the desired relief; (2) whether the petitioner will be damaged or prejudiced in a way not correctable on appeal; (3) whether the district court's order is clearly erroneous as a matter of law; (4) whether the district court's order is an oft-repeated error or manifests a persistent disregard of the federal rules; and (5) whether the district court's order raises new and important problems or issues of first impression.
A famous Dr. Bauman praying for writ relief.