Wednesday, September 23, 2015

U.S. v. Flores (9th Cir. - Sept. 23, 2015)

Rather than recite the facts of this extremely interesting case, I'll merely cut-and-paste the money quote from Judge Wardlaw's majority opinion (to which Judge Pregerson dissents):

"Once again, an Assistant United States Attorney for the Southern District of California overstepped the boundaries of permissible questioning and argument. We reluctantly affirm Flores’s conviction under the high bar of the plain error standard."

Not exactly a ringing endorsement by the Ninth Circuit of the relevant office.