Legal Opinion
People of the State of California v. Kathryn Isabella Mesa, People of the State of California v. Shabbir A. Ebrahim, A/K/A Shabbir Azam
Court of Appeals for the Ninth Circuit
Decided March 26, 1987No. 86-1525, 86-1500PublishedCited by 29 opinions
1Opinion of the Court
MERRILL, Circuit Judge:
These two cases1 pose a fascinating issue of federalism: can a federal postal employee remove his state criminal prosecution to federal court when no issue of federal law will arise at trial and when the only federal component of the case is that he was on duty when the relevant acts allegedly occurred?
Mesa and Ebrahim are United States mail carriers charged with violations of state law2 that allegedly occurred while they were on duty driving their mail trucks. Both defendants removed their cases to federal court pursuant to 28 U.S.C. § 1442(a)(1), which allows removal…
2Cases cited28 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Green v. United StatesSupreme Court of the United States · 1957
- Abney v. United StatesSupreme Court of the United States · 1977
- Strauder v. West VirginiaSupreme Court of the United States · 1880
23 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Mesa v. CaliforniaSupreme Court of the United States · 1989
- State of North Carolina v. Lemans L. IvoryCourt of Appeals for the Fourth Circuit · 1990
- Commonwealth of Kentucky v. Larry A. LongCourt of Appeals for the Sixth Circuit · 1988
- United States v. David Gene LewisCourt of Appeals for the Ninth Circuit · 2004
- Rebekah GeeCourt of Appeals for the Fifth Circuit · 2019
24 more not listed; retrieve them via the Exa API.