Legal Opinion

UNITED STATES of America, Plaintiff-Appellee, v. Ernestine Audry JAMES, A/K/A Ernestine James, Defendant-Appellant

Court of Appeals for the Ninth Circuit

Decided March 9, 1999No. 96-30081PublishedCited by 33 opinions

1Opinion of the Court

Opinion by Judge NOONAN; Dissent by Judge KLEINFELD.

NOONAN, Circuit Judge:

Ernestine Audry James appeals her conviction of aiding and abetting manslaughter within Indian country in violation of 18 U.S.C. §§ 2, 1112, 1153. Holding that the district court erred in excluding relevant evidence corroborating her testimony, we reverse the judgment of conviction.

FACTS AND PROCEEDINGS1

James met her boyfriend, David Ogden (the victim), at a pow-wow in Seattle. He was nice sober, nasty drunk. Ogden had boasted to her about once killing a man and getting away with it. He told her he had sold another man…

2Cases cited3 opinions

  1. United States v. Timothy PittsCourt of Appeals for the Ninth Circuit · 1993
  2. United States v. James H. BurksCourt of Appeals for the D.C. Circuit · 1972
  3. United States v. Ronald Keiser, Jr.Court of Appeals for the Ninth Circuit · 1995

3Cited by33 opinions

  1. Kelly A. Depetris v. Lew Kuykendall James GomezCourt of Appeals for the Ninth Circuit · 2001
  2. United States v. John Lanny LynchCourt of Appeals for the Ninth Circuit · 2006
  3. United States v. John Lanny LynchCourt of Appeals for the Ninth Circuit · 2004
  4. Leslie Crawford v. City of BakersfieldCourt of Appeals for the Ninth Circuit · 2019
  5. United States v. DobsonCourt of Appeals for the Armed Forces · 2006

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