UNITED STATES OF AMERICA, PETITIONER/APPELLEE/CROSS-APPELLANT,
v.
FRANK S. ZOLIN, RESPONDENT/APPELLEE, AND CHURCH OF SCIENTOLOGY OF CALIFORNIA AND MARY SUE HUBBARD, INTERVENORS/APPELLANTS/CROSS-APPELLEES
UNITED STATES OF AMERICA, PETITIONER/APPELLEE/CROSS-APPELLANT,
FRANK S. ZOLIN, RESPONDENT/APPELLEE, AND CHURCH OF SCIENTOLOGY OF CALIFORNIA AND MARY SUE HUBBARD, INTERVENORS/APPELLANTS/CROSS-APPELLEES
850 F.2d 610
United States Court of Appeals for the Ninth Circuit (1988)
Negative Treatment
Cited by 4 cases
Opinion of the Court
The opinion published at 842 F. 2d 1135 is amended to include the following concurrence:
Concurrence
NORRIS, Circuit Judge,
concurring in the result:
I write separately to make it clear that I believe the independent evidence rule has been and should continue to be the law of the circuit. See United States v. Shewfelt, 455 F. 2d 836 (9th Cir.), cert. denied, 406 U.S. 944, 92 S.Ct. 2042, 32 L.Ed.2d 331 (1972). However, I cannot join the court’s order because the majority has failed to make clear whether the order is a disposition on the merits, i.e., whether it constitutes en banc authority that the Shewfelt independent evidence rule is the law of the circuit. If the order is intended to be a disposition on the merits, it is internally inconsistent because an en banc panel cannot both decide a case on the merits and vacate as improvidently granted the order of the full court authorizing it to decide the case.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Zolin, 491 U.S. 554 (U.S. 1989)
-
United States v. Plache, 913 F.2d 1375 (9th Cir. 1990)
Authorities Cited
- Otter Tail Power Co. v. United States, 406 U.S. 944 (U.S. 1972)
- Upper Pecos Assn. v. Peterson, 406 U.S. 944 (U.S. 1972)
- United States v. Shewfelt, 455 F.2d 836 (9th Cir. 1972)
- In re Cosmo Caiati v. Simon, 842 F.2d 1135 (9th Cir. 1988)