Constitutional, Criminal and Education Law Matters - U.S. Ninth Circuit
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Constitutional, Criminal and Education Law Matters

Payne v. Peninsula Sch. Dist., No. 07-35115, involved an action under the Individuals with Disabilities Education Act ("IDEA") by the mother of an autistic student.  The court of appeals affirmed the dismissal of action, holding that the district court correctly found that it lacked subject matter jurisdiction over the federal claims because plaintiff failed to exhaust her administrative remedies before coming into federal court.

Desert Outdoor Advertising, Inc. v. Oakland, No. 09-15530, concerned an action claiming that the city of Oakland's billboard ordinances violated the First Amendment.  The Ninth Circuit affirmed the denial of plaintiff's motion to clarify the district court's prior declaratory judgment partially invalidating the ordinances, holding that, contrary to plaintiff's assertions, the declaratory judgment could not reasonably be understood to have struck down the entire scheme of sign-regulation.

In US v. Rocha, No. 08-50175, the court of appeals reversed defendant's convictions for: 1) assault committed by means of force likely to produce great bodily injury under California Penal Code section 245, as assimilated into federal law by the Assimilated Crimes Act and 2) assault with a dangerous weapon under the federal assault statute, on the grounds that 1) the federal assault statute precluded application of California Penal Code section 245; and 2) the evidence presented to the jury that defendant used his bare hands to perpetrate the assault could not support a conviction under the federal assault statute for assault with a dangerous weapon.

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