Ninth Circuit· 1/9/1990
Louis Eugene Russell v. Tom Rolfs, Superintendent
Citations
- 893 F.2d 1033
- 1990 U.S. App. LEXIS 182
- 1990 WL 849
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- applying judicial estoppel to a mixed question regarding the adequacy and availability of a state court remedy in that particular case
- applying judicial estop- pel to a mixed question regarding the adequacy and availability of a state court remedy in that particular case
- applying judicial estop- pel to a mixed question regarding the adequacy and availability of a state court remedy in that particular case
- state prohibited from arguing that criminal defendant’s appellate petition is procedurally barred in state court after successfully arguing in district court that defendant had an adequate state remedy
- judicial estoppel bars a party from making a factual assertion in a legal proceeding \which directly contradicts an earlier assertion made in the same proceeding or a prior one\
- judicial estoppel “protect[s] against a litigant playing ‘fast and loose with the courts’” (quoting Religious Tech. Ctr. v. Scott, 869 F.2d 1306, 1311 (9th Cir. 1989) (Hall, J., dissenting))
Source: CourtListener parenthetical corpus (CC0).
Judges: Kozinski, Reinhardt, Trott
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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