Melvin T. Brunetti Explained

Melvin T. Brunetti
Office:	Senior Judge of the United States Court of Appeals for the Ninth Circuit
Term Start:	November 11, 1999
Term End:	October 30, 2009
Office1:	Judge of the United States Court of Appeals for the Ninth Circuit
Term Start1:	April 4, 1985
Term End1:	November 11, 1999
Appointer1:	Ronald Reagan
Predecessor1:	Herbert Choy
Successor1:	Johnnie B. Rawlinson
Birth Name:	Melvin Theodore Brunetti^[1]
Birth Date:	10 November 1933
Birth Place:	Reno, Nevada
Death Place:	Reno, Nevada
Education:	College of the Law (JD)

Melvin Theodore Brunetti (November 11, 1933 – October 30, 2009) was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit.

Education and career

He was born in Reno, Nevada, and graduated from Sparks High School, where he played the clarinet. He served in the Nevada National Guard from 1954 to 1956 where he became a sergeant.^[2] He attended University of Nevada, Reno and received a Juris Doctor from the University of California, Hastings College of Law in 1964. He was in private practice in Reno from 1964 to 1985. He was a member of the Council of Legal Advisors to the Republican National Committee from 1982 to 1985.^[3]

Federal judicial service

On February 26, 1985, Brunetti was nominated by President Ronald Reagan to a seat on the United States Court of Appeals for the Ninth Circuit vacated by Judge Herbert Choy. Brunetti was confirmed by the United States Senate on April 3, 1985, and received his commission on April 4, 1985. He assumed senior status on November 11, 1999.^[3]

Death

Brunetti died on October 30, 2009, in Reno.^[4]

Notable cases

Brunetti's notable cases include:

• Osborne v. District Attorney's Office for the Third Judicial District, 423 F.3d 1050 (9th Cir. 2005), after remand, 521 F.3d 1118 (9th Cir. 2008), reversed, 129 S. Ct. 2308 (2009). Brunetti held that an Alaska inmate's section 1983 action for post-conviction access to DNA evidence was not barred by Heck v. Humphrey, 512 U.S. 477 (1994), and, after remand, that due process conferred a right of access to the evidence. The Supreme Court later reversed 5-4 on the due process issue;^[5]
• Harris v. Vasquez, 949 F.2d 1497 (9th Cir. 1990). Brunetti upheld the murder conviction and death sentence of Robert Alton Harris on habeas review;^[5] and
• Adamson v. Ricketts, 789 F.2d 722, 735 (9th Cir. 1986) (en banc) (dissenting), reversed, 483 U.S. 1 (1987). Dissenting from the en banc majority, Brunetti wrote that double jeopardy did not bar the defendant's prosecution for first degree murder in connection with a bombing in Phoenix, Arizona. The Supreme Court subsequently reversed the majority opinion.^[5]

External links

• • Melvin Brunetti dies at 75; federal appeals court judge (Obituary from the Los Angeles Times)

Notes and References

1. https://www.reaganlibrary.gov/public/digitallibrary/smof/cos/cicconi/box-10/40-94-6914308-010-013-2016.pdf Ronald Reagan Library: Judicial Appointments Progress Report, August 13, 1984
2. Chiariello, Lana and Poate, Rebecca. "Judicial Profile: Hon. Melvin T. Brunetti U.S. Circuit Judge, Ninth Circuit Court of Appeals", The Federal Lawyer, November/December 2005, page 17.
3. Web site: Brunetti, Melvin T. - Federal Judicial Center. www.fjc.gov.
4. News: Appeals Court Judge Brunetti Dies . KOLO TV . 2009-11-02 .
5. [:File:124-2009 Brunetti Obit.djvu|''Court of Appeals Mourns Loss of Senior Circuit Judge Melvin T. Brunetti'']