Narrative Opinion Summary
Appellant Toby C. Patterson sought a panel rehearing in the case against the United States. The Ninth Circuit Court of Appeals granted this petition, with Judge Richard C. Tallman dissenting in the vote to deny it. As a result, the previous opinion issued on May 16, 2002, which was reported at 292 F.3d 615, has been withdrawn. The case involves the United States as the plaintiff-appellee and Patterson as the defendant-appellant, represented by legal counsel from both the U.S. Attorney's office and the Federal Public Defender's office. The order was filed on March 4, 2004, before Judges John T. Noonan, A. Wallace Tashima, and Richard C. Tallman.
Legal Issues Addressed
Judicial Dissent in Appellate Decisionssubscribe to see similar legal issues
Application: Judge Richard C. Tallman exercised his right to dissent from the majority opinion regarding the decision to grant a panel rehearing.
Reasoning: The Ninth Circuit Court of Appeals granted this petition, with Judge Richard C. Tallman dissenting in the vote to deny it.
Panel Rehearing in Appellate Courtsubscribe to see similar legal issues
Application: The Ninth Circuit Court of Appeals granted a petition for panel rehearing, which is a procedural mechanism allowing for reconsideration of a case by the same panel of judges.
Reasoning: Appellant Toby C. Patterson sought a panel rehearing in the case against the United States. The Ninth Circuit Court of Appeals granted this petition, with Judge Richard C. Tallman dissenting in the vote to deny it.
Withdrawal of Previous Court Opinionsubscribe to see similar legal issues
Application: The granting of the rehearing resulted in the withdrawal of the previous opinion issued by the court.
Reasoning: As a result, the previous opinion issued on May 16, 2002, which was reported at 292 F.3d 615, has been withdrawn.