Tuesday, February 11, 2014

U.S. v. Zepeda (9th Cir. - Feb. 10, 2014)

Judge Paez (joined by Judge Fernandez) adopted a particular view that reversed the defendant's convictions and let him go free on those charges.  Judge Watford, in dissent, articulated a different view that would affirm the defendant's conviction.  I suggested a third path that would reverse the conviction and yet remand for a new trial.

The Ninth Circuit decides to take the matter en banc.  We'll now see which alternative the court finds most persuasive.