What is the test for a three-judge panel to reject a prior opinion as having effectively overruled?
MultiRegion, United States of America
The following excerpt is from United States v. Pepe, 895 F.3d 679 (9th Cir. 2018):
to this principle. We have a rule that "where the reasoning or theory of our prior circuit authority is clearly irreconcilable with the reasoning or theory of intervening higher authority, a three-judge panel should consider itself bound by the later and controlling authority, and should reject the prior circuit opinion as having been effectively overruled." Miller v. Gammie , 335 F.3d 889, 893 (9th Cir. 2003) (en banc).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a panel of this court to hold that a prior decision of the court has been effectively overruled? (MultiRegion, United States of America)
Can a panel of the US Supreme Court overrule a decision of the previous panel? (MultiRegion, United States of America)
What is the effect of an amended opinion in an amended or modified opinion in a case? (MultiRegion, United States of America)
Can a three-judge panel overrule a prior decision of the court? (MultiRegion, United States of America)
Does the opinion of a non-examining physician constitute substantial evidence that justifies rejection of an opinion of an examining or treating physician? (MultiRegion, United States of America)
What is the effect of prior decisions of other panels of the court on the Fourth Amendment? (MultiRegion, United States of America)
Is a claim of inferior rank to be paid prior to that of a superior rank to a plaintiff prior to the filing of a libel claim? (MultiRegion, United States of America)
Does the felon-in-possession statute extend to all guns manufactured after the effective date of the statute's effective date? (MultiRegion, United States of America)
When a medical malpractice officer is asked whether he is free to set his own expert opinion against that of a physician who has provided an opinion that was properly submitted to him? (MultiRegion, United States of America)
What is the effect of a rule that in effect relied on plea agreements drafted by prosecutors to give defendants the equivalent of Rule 11 warnings? (MultiRegion, United States of America)
