U.S. Court of Appeals for the Ninth Circuit, 1998

The Ninth Circuit held that the state waived its abuse-of-the-writ objection by failing to raise it before the district court, and that trial counsel’s complete failure to investigate, prepare, and review available defense materials was constitutionally deficient.

The en banc court reaffirmed that pro se prisoners must receive fair notice of Rule 56’s requirements, but held that notice may come from either the district court or the summary-judgment movant if the movant provides it in a separate, properly identified document.

The Ninth Circuit reviewed de novo the sua sponte dismissal of Barren’s in forma pauperis civil-rights complaint and affirmed. It concluded that the complaint did not allege facts showing the defendants’ personal involvement in the asserted violations, did not establish a protected-class basis for the equal-protection…