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Criminal,
9th U.S. Circuit Court of Appeals

Jan. 23, 2020

9th Circuit says now-dead ‘racist’ defense lawyer invalidated 30-year-old murder verdict

The court granted a new trial to an African American man convicted of murder in 1991 by a San Bernardino court, but one judge wrote a sharp dissent, saying the state had obtained a valid verdict and was asking the appellate court to write new constitutional law to overturn it.

After finding his counsel was ineffective and a "virulent racist," the 9th U.S. Circuit Court of Appeals granted a new trial to an African-American man convicted of murder in 1991 by a San Bernardino court, but one judge wrote a sharp dissent, saying the state obtained a valid verdict and was asking the appellate court to write new constitutional law to overturn it.

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