Wednesday, February 15, 2012

Ninth Circuit reminds prosecutors of higher duty than winning at all costs

The Ninth Circuit expresses its deep disappointment both in an Assistant United States Attorney – by name – for the lawyer’s misrepresentation of a defendant’s prior testimony and in the U.S. Attorney’s office for “the government’s continuing failure to acknowledge and take responsibility for” the AUSA’s conduct. The court describes the situation as “a case of a prosecutor crossing the line in an attempt to ‘win at all costs.’” The court delivers more than a subtle hint about the possibility of judicial and departmental discipline.

News reports here, here, and here.

United States v. Lopez-Avila, No. 11-10013, slip op. (9th Cir. Jan. 12, 2012).

United States v. Lopez-Avila, No. 11-10013, order and amended slip op. (9th Cir. Feb. 12, 2014).

h/t Howard Bashman and his invaluable How Appealing blog.


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