Legal Opinion

United States v. Christopher Preston

Court of Appeals for the Ninth Circuit

Decided October 17, 2017No. 15-10521PublishedCited by 14 opinions

1Opinion of the Court

Concurrence by Judge Kozinski

OPINION

BERG, District Judge:

In 2015, Christopher Preston was convicted on two counts of aggravated sexual abuse of a child. He appeals, arguing that evidentiary errors and prosecutorial misconduct rendered his trial fundamentally unfair. We agree. There were a number of trial errors and, considering that evidence of guilt was not overwhelming, their cumulative effect prejudiced Preston. Accordingly, we REVERSE.

I. BACKGROUND

A. Statement of Facts

In 1998, Christopher Preston lived with his then-wife Andrea Preston on the Toho-no O’odham reservation in Tucson,…

2Cases cited32 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. United States v. Janice Wallace, United States of America v. Elmore PennCourt of Appeals for the Ninth Circuit · 1988
  3. Ybarra v. McDanielCourt of Appeals for the Ninth Circuit · 2011
  4. John K. Lincoln v. Franklin Y.K. SunnCourt of Appeals for the Ninth Circuit · 1987
  5. UNITED STATES of America, Plaintiff-Appellee, v. Keith Wayne FREDERICK, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1996

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3Cited by14 opinions

  1. Harris v. StateSupreme Court of Georgia · 2022
  2. United States v. Jim ThornhillCourt of Appeals for the Ninth Circuit · 2019
  3. United States v. Sha-Ron HainesCourt of Appeals for the Ninth Circuit · 2019
  4. United States v. Seraphina CharleyCourt of Appeals for the Ninth Circuit · 2021
  5. State v. Tomas Jaymitchell HoyleWisconsin Supreme Court · 2023

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

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