New 9th Circuit Opinion: Prosecutorial Misconduct
In a notable recent decision on prosecutorial misconduct, United States v. Citali-Flores, 14-50027, 2015 WL 5569098 (9th Cir. Sept. 23, 2015), the Ninth Circuit held error, albeit harmless, where the prosecutor, in closing argument, misstated evidence.
There, Flores was indicted with importation of marijuana into the United States in violation of 21 U.S.C. §§952 and 960. See id. at 3. At trial, Flores testified that she was “carrying” and “bringing” marijuana into Mexico, not the United States, after being questioned about a Facebook message found that she wrote. Id. at 5. The prosecutor, however, argued, in closing arguments, that Flores testified she was “carrying and bringing marijuana from Mexico into the United States.” Id. at 8.
In holding that the prosecutor’s argument was improper, the Ninth Circuit emphasized that the misstated evidence invited the jury to improperly “convict the defendant based on her admission to carrying marijuana to Mexico” when exportation was not even the charge. Id. at 2.
Although the conviction was affirmed, on plain error review, Judge Wardlaw noted: “Once again, An Assistant United Sttes Attorney for the Southern District of California overstepped the boundaries of permissible questioning and argument.” Id. at 15. Moreover, Judge Pregerson, in dissent, would have likely reversed: “These serious violations do not warrant invocation of the plain error rule.”Id.at 15.
Arizona’s new sealing statute is a powerful way for people who have been charged or convicted of many common offenses, to be able to say “no” in many instances.
In Arizona, “Aggravated Assault” charged under ARS § 13-1204 is a Class Four Felony, and in some cases with mandatory prison.
DUI or domestic violence police misconduct even if not resulting in grievous misfortune can sometimes provide a helpful remedy for the criminally accused.
people are surprised by how outsized the consequences some misdemeanor convictions can be. collateral consequences—meaning all those hidden consequences.
For thirty years two federal laws prohibited all those convicted of misdemeanor domestic violence offenses from ever possessing firearms.
About Michael Harwin
Michael’s skill and experience have been recognized repeatedly. He holds an A-V 5/5 preeminent rating by Martindale Hubbell. He has been named one of the top lawyers in Arizona by Southwest Superlawyers, and one of the best lawyers in Tucson by Tucson Lifestyle Magazine. He also has been named one of the best lawyers in the United States by BestofUS.com , and given the highest rating possible by AVVO, 10/10 Superb. Amazon Books