The Ninth Circuit has dismissed the appeal in Martinez-Cedillo v. Barr as moot. The original panel decision in this case found that a conviction under Ca. Penal Code 273a(A) (felony child endangerment) is a crime of child abuse. The court subsequently withdrew that opinion and granted a petition for rehearing en banc. As the case has now been mooted out, this issue will remain open for future litigation.

The order dismissing the case can be found here: http://cdn.ca9.uscourts.gov/datastore/opinions/2019/05/16/14-71742.pdf

My blog post on the order granting en banc hearing can be found here:

http://www.sabrinadamast.com/journal/2019/3/24/ninth-circuit-takes-up-ca-felony-child-abuse-en-banc

My blog post on the original panel decision can be found here: http://www.sabrinadamast.com/journal/2018/8/12/ninth-circuit-finds-that-ca-felony-child-endangerment-conviction-is-crime-of-child-abuse

Comment