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Re: ccraider post# 22038

Wednesday, 11/23/2016 9:51:57 AM

Wednesday, November 23, 2016 9:51:57 AM

Post# of 23262
Judges can change their opinions from case to case. It is not uncommon and is allowed. Their appealed decisions are still treated as correct by default by the appeals court. That is simply how it works. Keep in mind it matters not one bit that judge Grewal is now at facebook. The district court judge that approved the magistrate court judges decision, judge Chhabria, is still there and the appeals court are deferential to his decision. Look up the word "deferential" as that is the standard. When you read Judge Grewals decision you will see it is a logical argument and decision based on facts. The appeals court does not over turn those even if they would come to a different interpretation on their own. Did you not read my info from the actual US government court website that explains the standard? Here it is again:

http://cdn.ca9.uscourts.gov/datastore/uploads/guides/stand_of_review/I_Definitions.html#_Toc199130795

"Review under the clearly erroneous standard is significantly deferential, requiring a “definite and firm conviction that a mistake has been committed.” 
See Easley v. Cromartie, 532 U.S. 234, 242 (2001); Fisher v. Tucson Unified Sch. Dist., 652 F.3d 1131, 1136 (9th Cir. 2011); United States v. Comprehensive Drug Testing, Inc., 621 F.3d 1162, 1175 (9th Cir. 2010) (en banc) (per curiam); see also Miller v. Thane Int’l, Inc., 519 F.3d 879, 888 (9th Cir. 2008) (concluding the district court clearly erred).  If the district court’s account of the evidence is plausible in light of the entire record, the court of appeals may not reverse, even if it would have weighed the evidence differently.



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