Legal Opinion
Hawaii v. Macomber
Court of Appeals for the Ninth Circuit
Decided June 14, 2002No. 01-17296; D.C. No. CV-01-00659-SOMPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM **
Norman Macomber appeals pro se the district court’s sua sponte order remanding his action to state court for lack of federal subject matter jurisdiction. Because Macomber removed the criminal action against him pursuant to 28 U.S.C. § 1443(1), we have jurisdiction to review the remand order pursuant to 28 U.S.C. § 1447(d). We review de novo the district court decision to remand, Hellon & Assoc., Inc. v. Phoenix Resort Corp., 958 F.2d 295, 297 (9th Cir.1992), and we affirm.
A criminal defendant claiming federally secured rights as a defense to a state prosecution may remove that…
2Cases cited4 opinions
- United States v. LorenzoCourt of Appeals for the Ninth Circuit · 1993
- California v. SandovalCourt of Appeals for the Ninth Circuit · 1970
- Keaukaha-Panaewa Community Ass'n v. Hawaiian Homes CommissionCourt of Appeals for the Ninth Circuit · 1978
- State v. LorenzoHawaii Intermediate Court of Appeals · 1994
3Cited by4 opinions
- Commonwealth of Kentucky v. StrasburgDistrict Court, E.D. Kentucky · 2020
- Mobley v. Commonwealth of KentuckyDistrict Court, E.D. Kentucky · 2021
- Salinas v. Commonwealth of KentuckyDistrict Court, E.D. Kentucky · 2020
- The People of the State of California v. Robert E. BaskinDistrict Court, S.D. California · 2026