Narrative Opinion Summary
A majority of nonrecused active judges of the United States Court of Appeals for the Ninth Circuit ordered that the case of Russell Allen Nordyke et al. v. Mary V. King et al. be reheard en banc. The original opinion issued by a three-judge panel is not to be cited as precedent in any court within the Ninth Circuit. Judge Rawlinson did not participate in the deliberations or vote regarding this order. The decision was filed on July 29, 2009.
Legal Issues Addressed
Judicial Participation in En Banc Decisionssubscribe to see similar legal issues
Application: Judge Rawlinson did not participate in the deliberations or vote regarding the order for rehearing en banc, highlighting that not all judges may be involved in every en banc decision.
Reasoning: Judge Rawlinson did not participate in the deliberations or vote regarding this order.
Precedential Status of Panel Opinions During En Banc Reviewsubscribe to see similar legal issues
Application: The original opinion by the three-judge panel is not to be cited as precedent, ensuring that it does not influence future cases in the Ninth Circuit until the en banc decision is made.
Reasoning: The original opinion issued by a three-judge panel is not to be cited as precedent in any court within the Ninth Circuit.
Rehearing En Banc in the Ninth Circuitsubscribe to see similar legal issues
Application: The case of Russell Allen Nordyke et al. v. Mary V. King et al. was ordered to be reheard en banc by a majority of nonrecused active judges, indicating a review by the full court rather than a smaller panel.
Reasoning: A majority of nonrecused active judges of the United States Court of Appeals for the Ninth Circuit ordered that the case of Russell Allen Nordyke et al. v. Mary V. King et al. be reheard en banc.