Legal Opinion · Concurring in part, dissenting in part
United States v. Terry Christensen
Court of Appeals for the Ninth Circuit
Decided August 25, 2015No. 08-50531, 08-50570, 09-50115, 09-50125, 09-50128, 09-50159, 10-50434, 10-50462, 10-50464, 10-50472Published
1Concurring in part, dissenting in partChristensen, Chief District Judge
Although I concur in most of the majority opinion, I dissent from the portion of the majority opinion affirming the dismissal of Juror 7 in the second trial involving defendants Christensen and Pellicano. Majority op. at 1010-19. The district court erred by dismissing Juror 7 based on a determination that Juror 7 was not credible and had lied to the court on an unrelated issue concerning his views on federal tax laws.
Shortly after one hour of deliberations following a 21-day trial, the district court received a confusing note in the handwriting of at least two, and perhaps three of the…
2Cases cited7 opinions
- United States v. ThomasCourt of Appeals for the Second Circuit · 1997
- Juan A. Merced v. Joseph L. McGrath Warden, Pelican Bay PrisonCourt of Appeals for the Ninth Circuit · 2005
- United States v. Hagop VartanianCourt of Appeals for the Ninth Circuit · 2007
- Alfred R. Dyer v. Arthur Calderon, Warden, of California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 1998
- United States of America, Plaintiff-Appellee-Cross-Appellant v. John Fife Symington, Iii, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1999
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