Legal Opinion

United States v. Roberto A. Miguel, United States of America v. Bryson Jose

Court of Appeals for the Ninth Circuit

Decided July 23, 2003No. 01-10538, 02-10018PublishedCited by 52 opinions

1Opinion of the Court

Opinion by Judge T.G. NELSON; Opinion concurring in part and dissenting in part by Judge RYMER.

OPINION

T.G. NELSON, Circuit Judge.

Roberto Miguel appeals his criminal convictions for felony murder, attempted robbery, attempted burglary, and several firearms charges. Miguel’s co-defendant, Bryson Jose, appeals his criminal conviction for felony murder. We hold that the district court committed structural error when it precluded the defendants from arguing their theory of the case and instructed the jury that no evidence supported the defendants’ theory. We further hold that Apprendi v. New…

2Cases cited29 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. New Hampshire v. MaineSupreme Court of the United States · 2001
  3. Schmuck v. United StatesSupreme Court of the United States · 1989
  4. Herring v. New YorkSupreme Court of the United States · 1975
  5. William H. Fuller v. United StatesCourt of Appeals for the D.C. Circuit · 1969

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

3Cited by52 opinions

  1. Glebe v. FrostSupreme Court of the United States · 2014
  2. United States v. Genaro Smith-BaltiherCourt of Appeals for the Ninth Circuit · 2005
  3. In Re the Exxon Valdez, Sea Hawk Seafoods, Inc. v. Exxon Corporation and Exxon Shipping Company, and United States of America, Intervenor-AppelleeCourt of Appeals for the Ninth Circuit · 2007
  4. United States v. BarrettCourt of Appeals for the Tenth Circuit · 2015
  5. United States v. Leroy Roosevelt MackCourt of Appeals for the Ninth Circuit · 2004

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

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