Legal Opinion
United States v. David Gene Lewis
Court of Appeals for the Ninth Circuit
Decided May 25, 2004No. 03-10181PublishedCited by 29 opinions
1Opinion of the Court
CALLAHAN, Circuit Judge.
David Gene Lewis, a former California correctional officer, appeals the district court’s denial of his motion to dismiss the indictment. Lewis raises two issues. First, can Lewis seek interlocutory review of the district court’s denial of his “fair warning” defense? Second, did the prosecution’s alleged Brady 1 violations raise double jeopardy concerns? We answer both questions in the negative.
Background
This matter springs from an incident on June 20, 1994, when Lewis, then a correctional officer at Pelican Bay State Prison, shot and seriously wounded an inmate, Harry…
2Cases cited41 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Barker v. WingoSupreme Court of the United States · 1972
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Pierson v. RaySupreme Court of the United States · 1967
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3Cited by29 opinions
- United States v. PerlazaCourt of Appeals for the Ninth Circuit · 2006
- Government of the Virgin Islands v. Jareem FahieCourt of Appeals for the Third Circuit · 2005
- State v. Michael J.Supreme Court of Connecticut · 2005
- United States v. Benjamin Austin Felipe Cisneros Lorena Cisneros Luis Cisneros Paul Eppinger Raymond Llamas Angel Rivera Richard TrujilloCourt of Appeals for the Ninth Circuit · 2005
- Green v. StateSupreme Court of Arkansas · 2011
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