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Ninth Circuit Blog

Case Summaries and Commentary by Federal Defenders of the Ninth Circuit

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Last Entry: November 01, 2020 at 14:48:00

Ponce v. Felker, No. 08-56218 (5-24-10)

Posted on May 25, 2010
Ponce v. Felker, No. 08-56218 (5-24-10) (Graber joined by B. Fletcher and Pregerson). The petitioner raised a confrontation claim. The state trial court had permitted testimony under the "forfeiture by wrongdoing" exception. However, this exception was narrowed by the Supremes in Giles v...

Case o' The Week: Maxwell, Mental Illness, & Murder - Sua Sponte Competency Evals

Posted on May 22, 2010
Maxwell, mental illness, and murder. Makes for a catchy Beatles' tune, and for a great habeas decision. Maxwell v. Roe, __ F.3d __, 2010 WL 1997700 (9th Cir. May 20, 2010), decision available here.Players: Decision by Judge Paez, joined by Judges Pregerson and Noonan...

Maxwell v. Roe, No. 08-55534 (5-20-10)

Posted on May 21, 2010
Maxwell v. Roe, No. 08-55534 (5-20-10) (Paez with Pregerson and Noonan). The petitioner had a history of mental illness, exhibited strange and bizarre behaviors during trial, and even attempted suicide. The trial court still thought he was feigning and refused to hold a competency hearing...

U.S. v. Gallaher, No. 09-30193

Posted on May 20, 2010
U.S. v. Gallaher, No. 09-30193 (5-19-10) (Fisher with Berzon; dissent by Tashima). Is a capital crime a capital crime for statute of limitations purposes if the defendant cannot jurisdictionally get the death penalty? "Yes," holds the majority, in an Indian Major Crimes Act prosecution under 18 U...

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Case o' The Week: Left, Right, and Scienter -- Castagana and Mens Rea in Threats Statute

Posted on May 15, 2010
What do Jon Stewart and the Honorable Speaker of the House Nancy Pelosi have in common? One thing they'd rather not have shared: they both were the recipients of "threat" letters containing white powder from a mentally-ill defendant, Chad Conrad Castagana...

U.S. v. Castagana, No. 08-50057

Posted on May 14, 2010
U.S. v. Castagana, No. 08-50057 (5-14-10)(Canby joined by Wardlaw and Callahan). The defendant sent letters to politicians and celebrities that were threatening and contain a white powdery substance. The jury convicted on 18 U.S.C. 1038(a)(1) (threats)...

Dawn Eagle v. Yerington Paiute

Posted on May 10, 2010
Dawn Eagle v. Yerington Paiute tribe, No. 08-16786 (5-7-10) (Thompson with Kozinski and McKeown). This is a habeas case from a tribal conviction for child abuse. The petitioner argues that the tribe failed to prove that she was an Indian, and that was an essential element of the offense...

Case o' The Week: Ninth Takes Pot-Shot at Marijuana Conviction -- Stever, Brady, and Sixth Amendment Right to Present a Defense

Posted on May 09, 2010
The Oregon FPD earns an important victory this week in a great case illustrating the interplay of Brady and the Sixth Amendment right to present a defense. United States v. Stever,__ F.3d __, No. 09-30004, 2010 WL 1757926 (9th Cir. May 4, 2010), decision available here...

Collins v. Runnels, No. 08-17299

Posted on May 06, 2010
Collins v. Runnels, No. 08-17299 (5-5-10) (Hug with Kozinski and Clifton). The 9th concludes that there is no constitutional standard binding on the states requiring severance in cases where defendants present mutually antagonistic defenses. The petitioner here was convicted of first degree murder...

U.S. vs. Struckman, No. 08-30463

Posted on May 05, 2010
U.S. vs. Struckman, No. 08-30463 (5-4-10) (Berzon joined by Farris and D. Nelson). A neighbor calls about a man jumping a fence and being in a backyard. The police respond, go to the house, and see a man meeting the description: white, black jacket, red backpack...

U.S. v. Coronado, No. 09-50154

Posted on May 03, 2010
U.S. v. Coronado, No. 09-50154 (5-3-10) (Schroeder with Fisher and N. Smith). The precedential ripples from Begay v. U.S., 553 US 137 (2008) continues. In Begay, the Supremes held that under ACCA, gross negligence is not the same as "serious potential risk of physical injury to another...

Case o' The Week: Promises, promises - Franklin, Pleas, Probation & Parole Searches

Posted on May 03, 2010
How much is a D.A.'s promise to stave off the feds worth? Not much -- and even less if the promise isn't in writing. United States v. Franklin,__ F.3d __, 2010 WL 1711497 (9th Cir. April 29, 2010), decision available here.Players: Decision by Judge Clifton (above left), joined by Judges Alarc�n and Kleinfeld...

U.S. v. Lee, No. 09-10126 (4-28-10)

Posted on April 29, 2010
U.S. v. Lee, No. 09-10126 (4-28-10) (D. Nelson with Farris and Bea). The defendant was charged with fraud in connection with a false identification conspiracy. The defendant got a driver's license using a fake tax I.D. number. The district court suppressed the driver's license because the government official that gave it to the defendant did not know it was forged at the time, and he would have to for a conspiracy...

U.S. v. Franklin, No. 09-30041

Posted on April 29, 2010
U.S. v. Franklin, No. 09-30041 (4-29-10) (Clifton with Kleinfeld and Alarcon). The 9th affirms denial of a motion to suppress. The defendant absconded from state probation. The probation officer heard through a CI that defendant was in a motel, with weapons...

Case o' The Week: Aptly-named Strickland Case Sets New IAC Traps - Modified Categorical / Taylor Analysis

Posted on April 24, 2010
Strickland v. Washington is, of course, the lead Supreme Court case on the ineffective assistance of counsel. Now, ironically, an en banc court of the Ninth Circuit creates a new trap for ineffective assistance in another "Strickland" case, in the context of the Taylor modified categorical analysis...

Case o' The Week: A "Glock"-en-schpeal - Alderman and Crime of Violence after Begay

Posted on April 19, 2010
Does taking someone's car and necklace at gunpoint sound like a violent felony? It does to Judge Kleinfeld (left) in a new categorical analysis decision, United States v. Alderman,__ F.3d __, 2010 WL1490832 (9th Cir. April 15, 2010), decision available here...

U.S. v. Velasquez-Bosque, No. 09-50126

Posted on April 15, 2010
U.S. v. Velasquez-Bosque, No. 09-50126 (4-15-10) (Ikuta with Canby and Gould). The 9th holds that carjacking under Cal. Penal Code 215 is a categorical crime of violence. The 9th looks to its decision in U.S. v. Becerril-Lopez, 541 F.3d 881 (9th Cir...

Hein v. Sullivan, et al., No. 07-56277

Posted on April 13, 2010
Hein v. Sullivan, et al., No. 07-56277 (4-12-10) (Trager, D.J., joined by Kleinfeld and Tallman). In a murder case, the state prosecutor failed to disclose a Brady immunity letter and committed misconduct in closing. The 9th, however, holds that over a 2-month trial, such prosecutorial missteps did not undermine the fairness of the trial...

Case o' The Week: Not the "End of story as far as" Ninth is Concerned - Andrews and Restitution

Posted on April 11, 2010
Judge Alarc�n (left) gives us a good restitution holding within a well-written decision; a useful primer for litigating the restitution issues. United States v. Andrews,__ F.3d __, 2009 WL 1338138 (9th Cir. April 7, 2010), decision available here.Players: Nice win for ED Wa...

U.S. v. Andrews, No. 09-30072 (4-7-10)

Posted on April 07, 2010
U.S. v. Andrews, No. 09-30072 (4-7-10) (opinion by Alarcon joined by Fernandez; concurrence by Clifton; dissent by Alarcon). This appeal revolves around restitution. The defendant pled guilty to assault resulting in serious bodily injury. The court ordered restitution, but refused to allow the defendant to present an expert witness as to causation for some of the victim's mental and physical diabilities...

U.S. v. Valencia-Barragan, No.

Posted on April 06, 2010
U.S. v. Valencia-Barragan, No. 09-50018 (4-6-10) (Goodwin joined by Canby and Fisher). A 1326 appeal of sentence, where the main issue is whether Wash. Rev. Code 9A.44.076(1)(rape of a child who is 12 or 13) is a crime of violence. The 9th finds that the statute is a COV...

Case o' The Week: Taylor-Made Analysis -- Castro and Cal Penal Code Sec. 288(c)(1)

Posted on April 04, 2010
A slow week in the Ninth lets us reach back to discuss the strong decision by Judge Goodwin in United States v. Castro, __ F.3d __, 2010 WL 1135786 (9th Cir. Mar. 26, 2010), decision available here.(Note: decision by sitting Judge Goodwin, not by (we sincerely hope) future Judge Goodwin (Liu), above (getting some pointers from Justice Breyer))...

U.S. v. Xinidakis, No. 09-50307

Posted on March 29, 2010
U.S. v. Xinidakis, No. 09-50307 (3-25-10) (Rymer joined by Wardlaw and Kennelly, D.J.). The 9th reaffirms that a district court can impose consecutive terms of imprisonment if a defendant violates concurrent terms of supervised release.U.S. v. Maciel-Alcala, No...

Case o' The Week: "Dead or Alive" - Agg ID Theft in the West: Maciel-Alcala

Posted on March 27, 2010
Players: Hard-fought case by CD Cal AFPD Alexandra W. Yates. Decision by Judge Wardlaw, joined by Judges Canby and Callahan. Facts: Maciel was a Mexican citizen living in the U.S., under the stolen identity of Ramirez (a real human being)...

U.S. v. Christensen, No. 08-30120

Posted on March 24, 2010
U.S. v. Christensen, No. 08-30120 (3-24-10) (Paez joined by Rawlison and Jenkins, D.J.). As a result of an undercover operation, the defendant was convicted for enticement of a minor to engage in sexual activity. He received an enhancement of +2 for unduly influencing a minor under the Guidelines, even though the "minor" was a FBI agent posing as an underage female...

Case o' The Week: New Herring Too Much for Ninth To Swallow - Gonzalez

Posted on March 20, 2010
The Ninth holds back another expansion of Chief Judge Robert's Herring rule, in a denial of rehearing en banc that sparks a heated debate between the concurrence and dissent. United States v. Gonzalez, __ F.3d __, 2010 WL 917204 (9th Cir. Mar. 16, 2010) (Ord...

U.S. v. Nevils, No. 06-50485 (3-19-10)

Posted on March 19, 2010
U.S. v. Nevils, No. 06-50485 (3-19-10) (en banc) (Ikuta). In an en banc opinion, the 9th affirmed the conviction and sentence of a prohibited possessor defendant found sleeping with guns on and near his body. A panel had reversed, finding insufficient evidence because the evidence was that the defendant had passed out on the couch, and when he did, there were no guns around...

U.S. v. Maggi / U.S. v. Mann, Jr.,

Posted on March 17, 2010
U.S. v. Maggi / U.S. v. Mann, Jr., Nos. 08-30223 / 09-30052 (3-16-10) (McKeown joined by Hawkins and Bybee). These are interesting, and important, cases when it comes to crimes arising from Indian jurisdiction, the Major Crimes Act, and the element of whether the defendant is an Indian...

Case o' The Week: Ninth Provides Valuable Herring-Aid, Song Ja Cha

Posted on March 14, 2010
Judge Beezer authors a good case on what constitutes an unreasonable delay of execution of a search warrant. United States v. Song Ja Cha, __ F.3d __, 2010 WL 775238 (9th Cir. Mar. 9, 2010), decision available here. Cha is a great case, however, on Herring and its application (or rather, on when this unfortunate new Supreme Court rule doesn't apply)...

Stanley v. Schriro, No. 06-99009

Posted on March 11, 2010
Stanley v. Schriro, No. 06-99009 (3-10-10) (Rawlison; concurrence by B. Fletcher; partial concurrence and partial dissent by Kleinfeld). The 9th grants a remand for an evidentiary hearing on an IAC sentencing claim in this capital murder petition. The petitioner murdered his wife and young child in 1986...

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