Legal Opinion

La Carl Dow v. Tim Virga, Warden

Court of Appeals for the Ninth Circuit

Decided September 5, 2013No. 11-17678PublishedCited by 12 opinions

1Opinion of the Court

OPINION

REINHARDT, Circuit Judge:

La Carl Martez Dow’s state court trial for second degree robbery involved textbook prosecutorial misconduct, recognized as such by the California Court of Appeal (“state court”). In the course of the trial, the prosecutor knowingly elicited and then failed to correct false testimony. That testimony, by Detective Oglesby, was that Dow (rather than his attorney) made the request that each of the participants in a lineup wear a bandage under his right eye at the location at which Dow had a small scar under his. Then, based on this evidence, the prosecutor told the…

2Cases cited23 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. Harrington v. RichterSupreme Court of the United States · 2011
  3. Giglio v. United StatesSupreme Court of the United States · 1972
  4. Neil v. BiggersSupreme Court of the United States · 1972
  5. United States v. AgursSupreme Court of the United States · 1976

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

3Cited by12 opinions

  1. Securities and Exchange Comm'n v. Mitchell SteinCourt of Appeals for the Ninth Circuit · 2018
  2. Martin Fong v. Charles RyanCourt of Appeals for the Ninth Circuit · 2014
  3. Hooman Panah v. Kevin ChappellCourt of Appeals for the Ninth Circuit · 2019
  4. Charles Clements v. Raymond MaddenCourt of Appeals for the Ninth Circuit · 2024
  5. Martin Fong v. Charles RyanCourt of Appeals for the Ninth Circuit · 2014

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

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