Legal Opinion
Earl C. Diamond v. United States District Court for the Central District of California, and United States of America, Real Party in Interest
Court of Appeals for the Ninth Circuit
Decided November 2, 1981No. 81-7691PublishedCited by 25 opinions
1Opinion of the Court
ORDER
Before NELSON and REINHARDT, Circuit Judges.
Petitioner filed a petition for writ of mandamus on October 14, 1981 seeking review of the district court’s order of September 29, 1981. By that order, the district court denied petitioner’s motion for leave to file a late notice of appeal from its earlier order denying his motion to dismiss the indictment on the ground of double jeopardy.
We may not accept mandamus jurisdiction over a matter subject to direct appeal. See Helstoski v. Meanor, 442 U.S. 500, 99 S.Ct. 2445, 61 L.Ed.2d 30 (1979). Thus, the initial question is whether the September…
2Cases cited5 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Abney v. United StatesSupreme Court of the United States · 1977
- Helstoski v. MeanorSupreme Court of the United States · 1979
- In the Matter of Orbitec Corporation, Bankrupt. May McCormack v. Robert B. Schindler, TrusteeCourt of Appeals for the Second Circuit · 1975
- United States v. Masaichi AjimuraCourt of Appeals for the Ninth Circuit · 1979
3Cited by25 opinions
- The Clorox Company v. The United States District Court for the Northern District of California, Carol Stower, Real PartyCourt of Appeals for the Ninth Circuit · 1985
- Bishop v. CorsentinoCourt of Appeals for the Tenth Circuit · 2004
- National Union Fire Insurance Company of Pittsburgh, Pa. v. Seafirst Corporation, National Union Fire Insurance Company of Pittsburgh, Pa. v. Seafirst Corporation, and Davis, Wright & Jones, Defendant-Intervenor-Appellee. National Union Fire Insurance Company of Pittsburgh, Pa. v. United States District Court for the Western District of Washington, and Davis, Wright & Jones Marsh & McLennan Arthur Andersen & Co., Respondent-Intervenor, and Seafirst Corporation, Real Party in InterestCourt of Appeals for the First Circuit · 1989
- In Re "Agent Orange" Product Liability Litigation (Mdl No. 381). Michael F. Ryan v. Dow Chemical Company, Third-Party v. United States of America, Third-PartyCourt of Appeals for the Second Circuit · 1984
- Ozenne v. Chase Manhattan Bank (In Re Ozenne)Court of Appeals for the Ninth Circuit · 2016
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