Smith v. Baldwin

United States Court of Appeals, Ninth Circuit.

April 6, 2007.

Cited by 3 later decisions — most recently June 2007

2 federal appellate ·

2 counsel of record

Key passage — most relied on by later courts

“[t]he three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.”

quoted by 1 later decision, including Animal Legal Defense Fund v. Veneman

Good law ✅— No negative treatment on recordhow we know

Decided 2007-04-06

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Thomas J. Hester, FPDOR-Federal Public Defender's Office, Portland, OR, for Petitioner-Appellant.

Kathleen Cegla, AGOR-Office of the Oregon Attorney General, Salem, OR, for Respondent-Appellee.

ORDER

SCHROEDER, Chief Judge.

¶1

Upon the vote of a majority of nonrecused regular active judges of this court,1 it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to this court or any district court of the Ninth Circuit, except to the extent adopted by the en banc court.

Notes:

Judge Graber is recused