Appeals

U.S. Supreme Court Decisions

U.S. v. Valenzuela-Bernal

United States Supreme Court
458 U.S. 858 (1982)
This decision interprets the Sixth Amendment right to compulsory process in the context of an alien-smuggling prosecution.

U.S. v. Quinn

United States Supreme Court
751 F 2d 980 (9thCir 1984)
475 U.S. 791 (1986)

Michael Quinn won a reversal of the district court’s denial of Fourth Amendment standing to bring a motion to suppress.

After oral arguments on an issue of “standing’ under the Fourth Amendment, the Supreme court dismissed the government’s petition, preserving the defendant’s victory in the lower court.

Michael Quinn won his appeal in the Circuit court on an issue of Fourth Amendment “standing” in which the court found that a ship’s owner, even if he was absent at the time of the seizure and search has a right to object to its detention and search by government agents. The government appealed but after oral argument, the Supreme Court dismissed certiorari as “improvidently granted” effectively upholding the lower court victory.

Click here to listen to the oral arguments in the case.

Wheat v. United States

United States Supreme Court
486 U.S. 153 (1988)

Eugene Iredale is the subject of the Court’s decision on the right to counsel of one’s choice versus potential conflict of interest.

Ninth Circuit Opinions

United States vs. Santos Rubalcaba-Montoya

Ninth Circuit Opinions
597 F 2d 140
(9thCir 1978)

In the opinion by then Circuit Judge (now Justice) Kennedy, the court upheld the application of the exclusionary rule to the testimony of witnesses discovered in violation of the Fourth Amendment.

United States vs. Frank Prantil

Ninth Circuit Opinions
764 F 2d 548
(9thCir. 1985)

In this case, the Ninth Circuit Court of Appeals reversed the conviction of attorney Frank Prantil. In an opinion by Judge Ferguson, the Court applied the “advocate witness” rule which prohibits an attorney from testifying, either actually or in effect, in the case he is trying.

United States vs. Roberts

Ninth Circuit Opinions
779 F 2d 565 (9thCir 1985)

This case involves the “Posse Commitatus Act”, which prohibits the military engaging in from general law enforcement.

United States vs. Matranga

Ninth Circuit Opinions
801 F 2d 1543
(9thCir. 1986)

This case deals with issues regarding the interpretation of a federal statute, 18 U.S.C. § 894.

United States v. Victor Montano Disla

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. VICTOR MONTANO DISLA, Defendant-Appellant
No. 85-5256
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
805 F.2d 1340; 1986 U.S. App. LEXIS 34433
July 9, 1986, Argued and Submitted
December 8, 1986, Filed

United States vs. Bowen and Jarvis

Ninth Circuit Opinions
857 F 2d 1337
(9thCir. 1988)

This appeal involved the prosecution of two Border Patrol Agents. It addresses the admissibility of polygraph evidence against the defendant, and holds its exclusion to be proper under the facts of this case.

United States vs. Solomon Simtob

Ninth Circuit Opinions
901 F 2d 799
(9thCir. 1990)

This deals with the issue of prosecutorial “vouching” for the credibility of an informant and the defendant’s right to present rebuttal evidence.

In re: William A. Cohan

Ninth Circuit Opinions
16 F 3d 1006
(9th Cir. 1993)

This appeal reversed the contempt conviction of an attorney for statements made during a trial. It deals with the procedural requirements of Rule 42(a), Federal Rules of Criminal Procedure.

United States vs. Marizu Ogbuehi

Ninth Circuit Opinions
18 F 3d 807
(9thCir. 1994)

This case concerns the meaning and application of the Jencks Act (18 U.S.C §3500), an important statute governing the production of witness statements in federal trials.

United States vs. Watkins

Ninth Circuit Opinions
278 F 3d 961 (9thCir 2002)

This case referred a felony conviction, holding that a false statement must be “Material” to constitute a felony under the Food and Drug Act. 

Julian C. Lee v. Jake Gregory USA and Federal Bureau of Investigation

JULIAN C. LEE, Plaintiff-Appellee, v. JAKE GREGORY, UNITED STATES OF AMERICA, Defendants-Appellants, and THE FEDERAL BUREAU OF INVESTIGATION, Defendant.
No. 02-57132
UNITED STATES COURT OF APPEALS FOR THE
NINTH CIRCUIT
363 F.3d 931; 2004 U.S. App. LEXIS 6648
February 6, 2004, Argued and Submitted, Pasadena, California
April 7, 2004, Filed

USA and FBI

363F 3d 931 (9thCir. 2004)

In this civil rights case, the court held that an FBI agent’s actions in arresting the brother of a wanted fugitive was a violation of the plaintiff’s Fourth Amendment Rights, if done knowingly.

California Court of Appeal Opinion

People vs. Basuta

California Court of Appeals
(2001) 94 Cal. App. 4th370

This decision reversed the conviction in a “shaken baby” case because the trial court excluded important defense evidence.