Legal Opinion

United States v. Lindsey

Court of Appeals for the Ninth Circuit

Decided January 14, 2011No. 09-50459PublishedCited by 70 opinions

1Opinion of the Court

Opinion by Judge D.W. Nelson; Concurrence by Judge PREGERSON.

OPINION

D.W. NELSON, Senior Circuit Judge:

This case concerns the proper remedy for a good faith, erroneous denial of a defendant’s peremptory challenge. Due to the district court’s error in counting, Appellant Jamonn Lamont Lindsey (“Lindsey”) received just nine out of the ten peremptory challenges afforded him by the Federal Rules of Criminal Procedure. Our circuit precedent provides for automatic reversal under these circumstances. United States v. Annigoni, 96 F.3d 1132, 1134 (9th Cir.1996) (en banc). We conclude, however, that…

2Cases cited42 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Batson v. KentuckySupreme Court of the United States · 1986
  3. United States v. OlanoSupreme Court of the United States · 1993
  4. Crawford v. WashingtonSupreme Court of the United States · 2004
  5. Schlup v. DeloSupreme Court of the United States · 1995

37 more not listed; retrieve them via the Exa API.

3Cited by70 opinions

  1. Wilfredo Reyes v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016
  2. Alaska Rent-A-Car, Inc. v. Avis Budget Group, Inc.Court of Appeals for the Ninth Circuit · 2013
  3. Robert Rodriguez v. At&t Mobility Services LLCCourt of Appeals for the Ninth Circuit · 2013
  4. Doug Lair v. Steve BullockCourt of Appeals for the Ninth Circuit · 2012
  5. State v. CarrSupreme Court of Kansas · 2014

65 more not listed; retrieve them via the Exa API.

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