Legal Opinion
United States v. Trace Thoms
Court of Appeals for the Ninth Circuit
Decided June 29, 2012No. 11-30120PublishedCited by 19 opinions
1Opinion of the Court
OPINION
BEA, Circuit Judge:
In a criminal pre-trial matter, it is well established in our circuit and in most others that, if a district judge is inclined to depart from credibility findings of a magistrate judge that were favorable to the defendant, he may only do so after holding a de novo evidentiary hearing. See United States v. Ridgway, 300 F.3d 1153 (9th Cir.2002). This right is grounded in the Due Process Clause. Id. at 1155-56.
But what about the reverse? What if a magistrate judge recommends denying a motion to suppress, but the district judge wishes to reverse that determination…
2Cases cited16 opinions
- Thomas v. ArnSupreme Court of the United States · 1986
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Franks v. DelawareSupreme Court of the United States · 1978
- Townsend v. SainSupreme Court of the United States · 1963
- United States v. RaddatzSupreme Court of the United States · 1980
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Rivera-Moreno v. Government of the Virgin IslandsSupreme Court of The Virgin Islands · 2014
- Olakunle Oshodi v. Eric H. Holder Jr.Court of Appeals for the Ninth Circuit · 2013
- United States v. William SzaboCourt of Appeals for the Ninth Circuit · 2014
- United States v. Charles Gillenwater, IiCourt of Appeals for the Ninth Circuit · 2013
- Rivera v. PeopleSupreme Court of The Virgin Islands · 2016
14 more not listed; retrieve them via the Exa API.