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U.S. Court of Appeals for the 9th Circuit

Oct. 25, 2014

Guilty verdict overturned by 9th Circuit due to judge's misstatement to jury

A 9th U.S. Circuit Court of Appeals panel held that a defendant deserved habeas relief because of a Los Angeles County judge's misstatement that he pleaded guilty deprived him of the presumption of innocence and an impartial jury.


By John Roemer


Daily Journal Staff Writer


In a highly unusual slip of the tongue, a Los Angeles County Superior Court judge launched a 2006 sex crimes trial by telling jurors, "The defendant has pleaded guilty to the charges."


No one in the courtroom corrected him until the jury began deliberating and sent out a note asking about the judge's damning comment.


The judge, Sam Ohta, then admitted his mistake, apologized an...

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