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Ninth Circuit· 3/3/2009

Carver v. Lehman

Citations

  • 558 F.3d 869
  • 2009 U.S. App. LEXIS 7022
  • 2009 WL 514205

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that “no expectation of finality can attach during the period in which either party may petition for rehearing” and “until 22 the mandate issues, an opinion is not fixed as settled Ninth Circuit law, and reliance on the opinion is a gamble”
  • stating that “no expectation of finality can attach during the period in which either party may petition for rehearing” and “until 22 the mandate issues, an opinion is not fixed as settled Ninth Circuit law, and reliance on the opinion is a gamble”
  • in which that court said, “Washington courts have implied only one limit on the substance of the DOC’s exercise of discretion: its reasons for denial must be ‘legitimate’ ”
  • “No opinion of this circuit becomes final until the mandate issues . . . .”
  • “‘May . . . only if’ would be effectively identical to ‘shall . . . unless’; ‘may . . . if’ is not.” (elisions in original) (emphasis removed)
  • a panel may withdraw an opinion sua sponte before the mandate issues

Source: CourtListener parenthetical corpus (CC0).

Judges: Reinhardt, Tallman, Smith

Read full opinion on CourtListener

Cited by

31 cases in this archive cite this case; the 20 most cited are listed.

Cites

58 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Carver v. Lehman

6 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.