Legal Opinion
United States v. Victor Sivilla
Court of Appeals for the Ninth Circuit
Decided May 7, 2013No. 11-50484PublishedCited by 42 opinions
1Opinion of the Court
OPINION
NOONAN, Circuit Judge:
This case allows us to clarify what a criminal defendant must show in order to receive relief when the government destroys evidence before trial. We hold that while Supreme Court precedent demands that a showing of bad faith is required for dismissal, it is not required for a remedial jury instruction. We therefore affirm the district court’s denial of dismissal and reverse the denial of a remedial jury instruction. We remand for a new trial with a remedial jury instruction.
FACTS
Victor Hugo Sivilla owned a business selling perfume in the street markets of Tijuana,…
2Cases cited8 opinions
- California v. TrombettaSupreme Court of the United States · 1984
- Arizona v. YoungbloodSupreme Court of the United States · 1989
- United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
- United States v. Steven Charles BeldenCourt of Appeals for the Ninth Circuit · 1992
- United States v. Loud HawkCourt of Appeals for the Ninth Circuit · 1980
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3Cited by42 opinions
- United States v. James WellsCourt of Appeals for the Ninth Circuit · 2017
- United States v. Cesar UbaldoCourt of Appeals for the Ninth Circuit · 2017
- United States v. Denise RobertsonCourt of Appeals for the Ninth Circuit · 2018
- United States v. Estefani Zaragoza-MoreiraCourt of Appeals for the Ninth Circuit · 2015
- United States v. David Rosales-AguilarCourt of Appeals for the Ninth Circuit · 2016
37 more not listed; retrieve them via the Exa API.