· 1/20/2006
W. Patrick Kenna v. United States District Court for the Central District of California
Citations
- 435 F.3d 1011
- 2006 U.S. App. LEXIS 1369
- 2006 WL 156736
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that this right “give[s] crime victims the right to speak at proceedings covered by the CVRA”
- recognizing that CVRA makes victims independent participants in legal process
- noting that the focus in reviewing CVRA petitions is not in balancing all the Bauman factors, but whether the district court committed legal error or abused its discretion
- explaining that “we need not balance the usual Bauman [v. U.S. Dist. Ct., 557 F.2d 650 (9th Cir. 1977)] factors . . . in ruling on mandamus petitions brought under the CVRA”
- granting writ of mandamus under 18 U.S.C. § 3771 [d] [3] and ordering trial court to conduct new sentencing hearing allowing victims to speak if other statutory requirements met
- reviewing petition under the more generous “abuse of discretion or legal error” standard
Source: CourtListener parenthetical corpus (CC0).
Judges: Goodwin, Friedman, Kozinski
Read full opinion on CourtListenerSourced 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.