Public Defense

1. US v. Bundy, No. 18-10287 (8-6-20)(Bybee w/Fletcher & Watford). In this high-profile prosecution, the 9th affirmed the district court?s dismissal of charges with prejudice due to the government?s extensive, egregious, and flagrant Brady violations.

Congrats to Amy Cleary, Cristen Thayer, and Ellesse Henderson, AFPDs, Nevada (Las Vegas).

The decision is here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2020/08/06/18-10287.pdf

2. US v. Engel, No. 18-10293 (8-6-20)(Bybee w/Fletcher & Watford). The district court erred when it stopped the defendant from his pro se representation and appointed stand by counsel to continue. The defendant?s actions were not disruptive; he did not flout court orders; at worst he asked a question prejudicial to the government. Even though the interruption was for a short time, it still violated the right to self-representation under Faretta. As the error was structural, the convictions for obstruction and interstate extortion were vacated and the case remanded for a new trial.

The decision is here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2020/08/06/18-10293.pdf

Full post as published by Ninth Circuit Blog on August 11, 2020 (boomark / email).