PRE-TRIAL AND TRIAL

  • United States v. McGowan (2009) (acquittal on all counts in federal fraud prosecution; with co-counsel Evan Jenness)
  • People v. Coughlin (2007) (dismissal of state theft charges prior to preliminary hearing)
  • People v. O’Donoghue (2001) (acquittal on perjury and false report charges)
  • United States v. Spangler, (Pretrial dismissal of federal obscenity charges against film producer)
  • United States v. Townley,(dismissal of charges based on motion to dismiss for retaliatory prosecution)
  • United States v. "Norwalk Four", (acquittal on civil rights charges against Deputy Sheriff)
  • United States v. Termendjian, (acquittal on tax evasion charges in IRS "Operation Diesel Storm.")
  • People v. Crenshaw (1996) (acquittal on charge of practicing veterinarian medicine without a license against horse chiropractor in sting operation)
  • People v. Merrill (1995) (acquittal on two first-degree special circumstances murder charges; with co-counsel John D. Barnett)

APPEALS

  • United States v. Peterson, 538 F.3d 1064 (9th Cir. 2008) (challenge to convictions for making false statement to FHA in real estate transactions, resulting in change in Ninth Circuit Model Jury Instruction No. 8.66 (March, 2009), defining “materiality”)
  • People v. Albarran, 149 Cal. App.4th 214 (2007) (convictions and sentence of life plus twenty years vacated, and new trial ordered based on ruling that the prejudicial effect of inadmissible gang evidence denied defendant federal constitutional right due process right to fair trial)
  • United States v. Gordon, 393 F.3d 1044 (9th Cir. 2004) (reversing trial court's ruling that waiver of right to appeal sentence precluded appeal of restitution order).
  • Hall v. Director of Corrections, 343 F.3d 976 (9th Cir. 2003) (reversing denial of petition for writ of habeas corpus, vacating murder conviction and ordering new trial based on ruling that admission of materially false evidence at original trial violated due process; charges dismissed).
  • United States v. Hung 45 Fed. Appx.793 (9th Cir. 2002) (Hobbs Act conviction vacated and dismissed based on absence of jurisdiction)
  • Killian v. Poole, 282 F.3d 1204 (9th Cir. 2002) (reversing denial of petition for writ of habeas corpus, vacating murder conviction and ordering new trial due to multiple errors of perjured testimony, non-disclosure of exculpatory evidence and infringing on right to remain silent; released without retrial).
  • Lee v. Lewis, 2001 U.S. App. LEXIS 24163 (9th Cir. 2001) (reversing denial of petition for writ of habeas corpus, vacating conviction and ordering new trial due to prosecutorial misconduct).
  • Torres v. Superior Court, 80 Cal. App. 4th 867 (2000) (granting petition for writ of mandate, and holding prosecution has no right to an in camera hearing on request).
  • United States v. Ruiz-Zavala, 187 F.3d 650 (9th cir. 1999) (reversing denial of motion to vacate conviction, remanding for evidentiary hearing and granting request that case be reassigned to different judge on remand).
  • United States v. Meksian, 170 F.3d 1260 (9th Cir. 1999) (vacating restitution order, and holding restitution is limited to losses that are proximately caused by crime).
  • Baraz v. United States, 181 F.R.D. 449 (CD Cal. 1998) (government may not deport plaintiff and then obtain dismissal of his civil rights suit based on his failure to attend his deposition).
  • United States v. Gray, 31 F.3d 1443 (9th Cir. 1994) (vacating fine, and finding sentencing guidelines apply to imposition of fines).
  • Merrill v. Superior Court, 27 Cal.App.4th 1586 (1994) (special circumstances murder conviction vacated and new trial granted, holding that preliminary hearing is not required prior to new trial; acquitted at retrial).
  • United States v. Mangano, 11 F.3d 853 (9th Cir. 1993) (vacating sentence, and holding modifying judgment to consolidate multiple bank fraud counts to constitute a single offense; sentence of 15 years reduced to probation).
  • United States v. Meksian, 5 F.3d 1306 (9th Cir. 1993) (reversing conviction, based on erroneous entrapment instruction).
  • United States v. Monroy 990 F.2d 1264 (9th Cir. 1993) (vacating sentence for improper application of an upward departure under the guidelines)
  • United States v. Olano, 934 F.2d 1425 (9th Cir. 1991) (vacating convictions, and ruling evidence insufficient to support convictions).
  • United States v. Gebro, 925 F.2d 1471 (9th Cir. 1991) (reversing conviction due to instructional error and remanding for new trial).
  • United States. v. Gray, 934 F.2d 1425 (9th Cir. 1991) 113 S.Ct. 1770 (1993).
  • Robinson v. Borg, 918 F.2d 1387 (9th Civ. 1990), cert. denied 112 S. Ct. 198 (1991) (ordering state court to vacate convictions and grant new trial, and holding confession was obtained unlawfully).
  • Sher v. Johnson, 911 F.2d 1357 (9th Cir. 1990) (reversing grant of motion to dismiss and holding Florida attorney subject to suit in California federal court).
  • Brown v. Rison, 895 F.2d 533 (9th Cir. 1990) (reversing district court, and holding defendant is entitled to credit for time spent in halfway house while on bail, against sentence imposed).
  • J.D. Pharmaceuticals, Inc. v. Save-On Drugs, 893 F.2d 1201 (11th Cir. 1990) (reversing grant of summary judgment).
  • United States v. Jordan, 884 F.2d 1297 (9th Cir. 1989) (vacating sentence, and holding court may not change sentences from being concurrent to consecutive).
  • United States v. Gray, 876 F.2d 1411 (9th Cir. 1989) (vacating imposition of maximum sentence and holding sentencing guidelines apply to continuing crimes).
  • United States v. Lynn, 856 F.2d 430 (1st Cir. 1988) (reversing conviction and ordering new trial, and holding details of prior conviction inadmissible).
  • United States v. Glenn, 828 F.2d 855 (1st Cir. 1987) (reversing conviction and ordering indictment dismissed, based on holding that multiple conspiracies were charged as one).
  • Wallace v. Christensen, 802 F.2d 1539 (9th Cir. 1986) (en banc) (Federal courts have jurisdiction to review decisions of U.S. Parole Commission).

HABEAS CORPUS

  • Lisker v. Knowles, 463 F. Supp.2d 1008 (C.D. Calif. 2006) (after seven day evidentiary hearing, court finds petitioner presented new evidence that establishes his actual innocence and rules that petitioner's showing of actual innocence defeats state's attempt to dismiss petition on grounds that it was not timely filed).
  • Hall v. Director of Corrections, 343 F.3d 976 (9th Cir. 2003) (reversing denial of petition for writ of habeas corpus, vacating murder conviction and ordering new trial based on ruling that admission of materially false evidence at original trial violated due process; charges dismissed).
  • Killian v. Poole, 282 F.3d 1204 (9th Cir. 2002) (reversing denial of petition for writ of habeas corpus, vacating murder conviction and ordering new trial due to multiple errors of perjured testimony, non-disclosure of exculpatory evidence and infringing on right to remain silent; released without retrial).
  • Lee v. Lewis, 2001 U.S. App. LEXIS 24163 (9th Cir. 2001) (reversing denial of petition for writ of habeas corpus, vacating conviction and ordering new trial due to prosecutorial misconduct).
  • United States v. Ruiz-Zavala, 187 F.3d 650 (9th cir. 1999) (reversing denial of motion to vacate conviction, remanding for evidentiary hearing and granting request that case be reassigned to different judge on remand).

EXTRADITION

  • Choe v. Torres,525 F.3d 733 (9th Cir. 2008) (extradition request from Korea for three separate charges; one charged dismissed at extradition hearing, second charge dismissed on appeal and State Department deferred extradition as to remaining charge)
  • Parretti v. United States, 112 F.3d 1363 (9th Cir. 1997) (ordering release, and holding Fifth Amendment creates a right to bail in international extradition cases and further holding Fourth Amendment requires probable cause for an extradition arrest warrant).
  • In re Cheyenne Brando (defeated Los Angeles District Attorney’s request for extradition of Cheyenne Brando to appear as witness against her brother.)

AMICUS BRIEFS

  • In re Grand Jury Proceedings (Witness Oscar Goodman), 33 F.3d 1060 (9th Cir. 1994) (amicus curie brief on behalf of National Association of Criminal Defense Lawyers in support of lawyer’s challenge to grand jury subpoena seeking client information)
  • Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991) (counsel for amicus curiae National Association of Criminal Defense Lawyers).
  • United States v. Salerno, 481 U.S. 739 (1987) (counsel for amici American Civil Liberties Union and New York Civil Liberties Union).
  • Wayte v. U.S., 470 U.S. 598 (1985) (counsel for amicus curiae Central Committee of Conscientious Objectors).