United States of America v. Kirk
| UNITED STATES OF AMERICA |
| TREVOR JAMES KIRK |
| ERWIN CHEMERINSKY and J.H. |
| 25-5200 |
| August 18, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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Filing 8
ORDER FILED. S.R. THOMAS, SILVERMAN, and BENNETT, Circuit Judges. The unopposed motion (Docket Entry No. 14 in Appeal No. 25-3607) to consolidate Appeal Nos. 25-3607, 25-5125, and 25-5200 is granted. The parties must include all case numbers on future filings. We appoint Erwin Chemerinsky to brief and argue this case, as amicus curiae in support of the district courts judgment dated June 3, 2025, and its post-judgment order dated August 8, 2025. See United States v. Arpaio, 887 F.3d 979, 982 (9th Cir. 2018) (the court has inherent authority to appoint disinterested counsel to represent the position taken by the United States below when the United States refuses to defend its prior position.) The motion (Docket Entry Nos. 4 and 10 in Appeal No. 25-3607) by crime victim J.H. to be appointed amicus curiae is granted in part. J.H. is granted leave to file an amicus brief that complies with Federal Rule of Appellate Procedure 29(a)(4) and (5). The individual opening briefs by Kirk and the governmentchallenging the final judgment and post-judgment orderare due November 5, 2025. The answering brief by amicus curiae Chemerinskydefending the judgment and orderis due December 5, 2025. The amicus brief by crime victim J.H. is due within 7 days after service of the answering brief by amicus curiae Chemerinsky. Kirk and the government may each file an optional reply brief within 21 days after service of the answering brief by amicus curiae Chemerinsky. The principal briefs of Kirk, the government, and Chemerinsky, must comply with Ninth Circuit Rule 32-1(a). The reply briefs of Kirk and the government must comply with Ninth Circuit Rule 32-1(b). [25-3607, 25-5125, 25-5200] [Entered: 08/25/2025 11:37 AM]
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| Filing 7 ADDED Amicus Curiae in Support of the Judgment Erwin Chemerinsky, Amicus Curiae J.H. [25-3607, 25-5125, 25-5200] [Entered: 08/25/2025 11:31 AM] |
| Filing 6 MOTION to Consolidate filed by Appellee United States of America. [25-5125, 25-5200] [Entered: 08/19/2025 10:48 AM] |
| Filing 5 ADDED Counsel for Appellee Alexander Patrick Robbins [25-5125, 25-5200] [Entered: 08/18/2025 03:43 PM] |
| Filing 4 NOTICE OF APPEARANCE by Alexander Patrick Robbins for Appellee United States of America. [25-5125, 25-5200] [Entered: 08/18/2025 03:23 PM] |
| Filing 3 NOTICE OF APPEARANCE by Alexander Patrick Robbins for Appellant United States of America. [25-5200, 25-5125] [Entered: 08/18/2025 03:24 PM] |
| Filing 2 SCHEDULE NOTICE. Cross Appeal First Brief Due 11/5/2025, Cross Appeal Second Brief Due 12/5/2025, Cross Appeal Third Brief Due 1/5/2026. For appeal no. 25-5200, 2:24-cr-00527-SVW-1. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner to comply with this briefing schedule may result in automatic dismissal of the appeal. See 9th Cir. R. 42-1 [25-5200, 25-5125] [Entered: 08/18/2025 09:33 AM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:24-cr-00527-SVW-1 has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-5200 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 08/18/2025 09:13 AM] |
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