Blog Posts in 2012

Probation Violation Causes and Consequences

When individuals are convicted of crimes, they are sometimes eligible for probation, which is usually served in place of jail or prison time. During probation—which can be supervised or ...
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latest in ineffective assistance of counsel cases

Flournoy v. Small, 11-55015 Appeal from: S.D. Cal. (Gonzalez, C.J.) Subject Matter: Habeas Corpus Holding: The panel affirmed the district court's denial of a 28 U.S.C. § 2254 habeas corpus ...
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Wrong judge? Case comming back

US v. Harris, No. 11-10053 (Noonan with B. Fletcher and Paez). [Disclosure: This is an Az FPD case]. The defendant was sentenced by a judge other than the one who presided over the trial. The 9th held ...
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Latest in the 9th Circuit

In Nitschke, No. 10-36121 (5-24-12)(Paez with Fisher and Clifton) the 9th affirmed the denial of petitioner's claim for habeas relief under Apprendi. The petitioner failed to preserve the Apprendi ...
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Pro Per

US v. Carpenter, No. 10-30146 (5-22-12)(per curiam with Kozinski, Tallman, and Ikuta). Note to defendants wanting to represent themselves: if you are going to ask to represent yourself, try not to ...
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Latest in interpreter issues

US v. Romo-Chavez, No. 10-10424 (5-23-12)(O'Scannlain with Lasnik, D.J.; Berzon concurring). The 9th allows the government to introduce at trial a defendant's admissions to a Border Patrol ...
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Probable cause

US v. Cervantes, No. 09-50521 (5-16-12)(Pregerson with Nelson; dissent by Ikuta). Usually defendant's fourth amendment motion is quixotic when it concerns an auto stop, an arrest, and impoundment ...
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Latest in 8th Amendment challenges

Lopez v. Brewer, No. 12-16084 (5-15-12)(McKeown with Rawlison, concurrence and dissent by Berzon). Disclosure: This is an Arizona FPD-CHU case. Once again Arizona is mounting an execution under ...
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Latest in Post conviction relief

Sexton v. Cozner, No. 10-35055 (5-13-12)(Tallman with Tashima and Ikuta). The 9th affirms the denial of petitioner's claims. The petitioner plead to two counts of intentional murder, rather than ...
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Latest in Hearsay Evidence from the 9th Circuit

. US v. Hieng, No. 09-10401 (5-11-12)(Wallace with Bybee; concurrence by Berzon). This weekend, if you are pulling weeds from your garden, reflect taht you are engaged in a present sense impression. ...
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Ineffective assistance of counsel

Thomas v. Chappell, No. 09-99024 (5-10-12)(Graber with Bea; dissent by O'Scannlain). "Bo did it!" At least that is what petitioner claimed when prosecuted for two murders that occurred ...
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Latest in probation cases from the 9th Circuit

US v. Vallee, No. 11-30131 (5-10-12)(Callahan with Hug and D. Nelson). Does a judge have to sign a summons for a SR violation? "No," said the 9th, because the court read and signed the ...
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Latest in the 9th Circuit

US v. Zhou, No. 10-50231 (5-10-12)(M. Smith with Kleinfeld and Sammartino, D.J.) An infinite number of law clerks, conducting an infinite number of Westlaw searches, eventually would connect the ...
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Latest court rulings regarding testimonial evidence

In United States v. Hieng, 09-10401 which was an appeal from: C.D. Cal. (Wanger, J.) and argued & submitted: 8/30/11 to the Court panel in San Francisco, it was upheld a jury conviction and ...
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Latest news in theft!

US v. Milovanovic, No. 08-30381 (4-24-12)(en banc)(Tallman writing; Clifton concurring). Sitting en banc, the 9th considers what exactly is required for theft of honest services under the mail fraud ...
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