Legal Opinion · Dissent

United States v. Ricardo Rubio-Garcia

Court of Appeals for the Ninth Circuit

Decided February 25, 2016No. 14-50555Unpublished

1DissentFriedland, Circuit Judge

Multiple evidentiary errors and instances of prosecutorial misconduct marred Ru-bio’s trial. Because I believe that the cumulative effect of these mistakes rendered the verdicts entirely unreliable, I would reverse both convictions and remand for a new trial,1

First, in my view, there can be no question that the conspiracy the Government sought to prove at trial varied from that with which Rubio was charged. The Grand Jury in this case returned an indictment charging thirty co-defendants, including Rubio, with participating in a single, wide-ranging conspiracy run by the Sendis-Ramirez…

2Cases cited14 opinions

  1. Napue v. IllinoisSupreme Court of the United States · 1959
  2. United States v. Janice Wallace, United States of America v. Elmore PennCourt of Appeals for the Ninth Circuit · 1988
  3. UNITED STATES of America, Plaintiff-Appellee, v. Keith Wayne FREDERICK, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1996
  4. Parle v. RunnelsCourt of Appeals for the Ninth Circuit · 2007
  5. United States v. Richard Virgil Bibbero, Jr., United States of America v. James Paul MarshallCourt of Appeals for the Ninth Circuit · 1984

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