BLOG BULLETS: Legal arguments such as the proper interpretation of a criminal statute which also depend on the evidence don’t have to be raised pretrial, even if the evidence the argument is based on is uncontested. Raising these arguments during trial in the form of a Rule 29 motion for judgment of acquittal can create […]

BLOG BULLETS: The remedy for a coerced confession isn’t just suppression of the fruit of the poisonous tree but a full “Kastigarhearing.” That puts the full burden on the government and precludes application of the “independent source,” “inevitable discovery,” and “attenuated basis” exceptions to the fruit of the poisonous tree doctrine. It also requires not […]

I’m in the midst of Ninth Circuit oral arguments this week, so my next more substantive post will come next week, but I thought I’d share the attached briefs I got in response to my last post from DFPD Alex Yates, one of the young (by my standards, anyway) stars in our FPD appellate unit […]