The Ninth Circuit Court of Appeals Panel Hearing
The United States Court of Appeals for the Ninth Circuit will hold oral arguments at the James E. Rogers College of Law. Seating in the Ares Auditorium is limited. Priority seating is available for law students, attorneys appearing before the Court, and others with confirmed reservations. Remaining seats will be available on a first-come, first-served basis. Photo identification is required for those who are attending.
Case No. 1: Lemke v. Ryan. Arizona state prisoner Robert D. Lemke appeals the district court's denial of his 28 U.S.C. Â§ 2254 habeas corpus petition. Lemke was charged with felony murder, armed robbery and conspiracy to commit armed robbery. The jury convicted him of theft and conspiracy and he was sentenced to 52 years. The jury could not reach a verdict as to the murder charge and the court declared a mistrial. Lemke later pled guilty to murder and was sentenced to life with possibility of parole. He then moved to dismiss the murder charge because his conviction of the lesser offenses meant that he had been implicitly acquitted of armed robbery, the only qualifying offense for felony murder.
Case No. 2: Demaree v. Wal-Mart Stores Inc. Lisa Demaree and others ("Plaintiffs") appeal the district court's summary judgment in favor of Wal-Mart Stores Inc. in plaintiffs' diversity action alleging consumer fraud and other causes of action. When A.J. Demaree had photos developed at Wal-Mart, Wal-Mart employees contacted local police when they saw nude photographs of children. The Demarees' children were removed from their custody. At a dependency hearing, the local Superior Court determined that the photographs were taken at the children's bath time and the dependency action was dismissed. The district court held that under Arizona law, Wal-Mart was statutorily immune from all civil liability arising from its employees' report of suspected child pornography.
At the end of the final argument, the judges will be available to answer general questions from audience members. While judges are prohibited from answering questions about pending cases, they can discuss Court operations and the decision-making process. The three-judge panel will be named one week prior to the event.