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Public Defense

Ninth Circuit Blog

Case Summaries and Commentary by Federal Defenders of the Ninth Circuit

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Last Entry: September 30, 2020 at 12:50:00

Case o' The Week: Ask, "W.W.W.D?" (What Would Warren Do?) -- Chapman and Section 111 Offenses

Posted on June 29, 2008
As we mourn the passing of Ninth Circuit Judge Warren Ferguson (left), one of his younger colleagues (Judge Kim Wardlaw, right) continues his admirable legacy by holding the government to the full proof requirements of Section 111. See United States v...

Case o' The Week: Lying to Probation Not A Crime (in the Ninth), Horvath

Posted on April 13, 2008
O.K. -- a defendant shouldn't lie to a Probation Officer . . . but is it really a crime to do so? Not in the Ninth, when the lie is about information that must be reported as part of the PSR process and the government charges a "false statement" under 18 USC Section 1001...

U.S. v. Lewis, No. 05-10692 (3-13-08).

Posted on March 21, 2008
U.S. v. Lewis, No. 05-10692 (3-13-08). It is rare that there is a remand for a Speedy Trial Act violation. Rarer still for it to occur twice. Here, the 9th (Wardlaw joined by Hawkins) send a case back again for the district court to consider whether discrete continuances under the STA might cause the STA violation to be dismissed with prejudice...

Case o' the Week: Ninth Unambiguous About Miranda Ambiguity, Rodriguez

Posted on March 16, 2008
Judge Milan Smith (left) delivers an important defense win on Miranda waivers. See United States v. Jose Rodriguez, __ F.3d __, 2008 WL 623982 (9th Cir. Mar. 10, 2008), decision available here. In Rodriguez, the Ninth finds that the old "clarification rule" survived the Supreme Court's limitations in Davis: an ambiguous assertion of Miranda rights at the outset of an interrogation must be clarified by law enforcement before interrogation can proceed...

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U.S. v. Rosales, No. 05-30260 (2-13-08).

Posted on February 19, 2008
U.S. v. Rosales, No. 05-30260 (2-13-08). This is an affirmance of a conspiracy and possession with intent convictions. The defendant argued that there was insufficient evidence for a jury to find that the conspiracy was for more than 500 grams or that he possessed with intent to distribute on a certain date...

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