Narrative Opinion Summary
The Ninth Circuit Court of Appeals ordered the en banc rehearing of the case involving the United States as the plaintiff-appellee and Thomas Cameron Kincade as the defendant-appellant, under case number 02-50380. This decision was made on January 5, 2004, following a vote by the majority of nonrecused regular active judges. The court specified that the prior opinion from the three-judge panel should not be cited as precedent by this court or any district court within the Ninth Circuit, except where it may be adopted by the en banc court in future proceedings. The legal representatives for both parties are identified, including attorneys from the U.S. Attorney's Office and the Federal Public Defender's Office.
Legal Issues Addressed
En Banc Rehearing in Appellate Proceduresubscribe to see similar legal issues
Application: The Ninth Circuit Court of Appeals decided to rehear the case en banc, which involves reconsideration by a larger panel of judges rather than the original three-judge panel.
Reasoning: The Ninth Circuit Court of Appeals ordered the en banc rehearing of the case involving the United States as the plaintiff-appellee and Thomas Cameron Kincade as the defendant-appellant, under case number 02-50380.
Precedential Value of Panel Opinionssubscribe to see similar legal issues
Application: The court determined that the previous opinion issued by the three-judge panel should not be cited as precedent unless it is adopted by the en banc court in future proceedings.
Reasoning: The court specified that the prior opinion from the three-judge panel should not be cited as precedent by this court or any district court within the Ninth Circuit, except where it may be adopted by the en banc court in future proceedings.