Articles Tagged with 9th Circuit Court of Appeals

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The US 9th Circuit Court of Appeals Reversed a Drug Conviction recently based on the cumulative effect of violations resulting in error by the lower court.

The errors pertained to two denials of requests for discovery by the defendant and violations in Rules of Criminal Procedure for sentencing.

The panel found that although the lower court abused its discretion in denying certain discovery requests by the defendant because the record did not clearly establish what exculpatory evidence, if any, may have been produced if the request had been granted; and what effect it may  have had on the trial outcome. As a result, The 9th District court vacated the conviction and remanded for continued proceedings to include evidentiary hearings.