This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Weekly Appellate Report #15

By Brian Cardile | Aug. 5, 2016

Appellate Practice

Aug. 5, 2016

Weekly Appellate Report #15

Brian Morris discusses prosecutorial immunity after 'Garmon v. County of LA;' Ben Feuer previews an OT2016 case that regards race and capital punishment

This week our guests regard improprieties that plagued two criminal trials.

Brian Morris, of Duane Morris, chats about his Ninth Circuit win in Garmon v. County of Los Angeles, where a prosecutor in an underlying trial obtained medical records of an alibi witness by attesting in an affidavit that the witness was actually the murder victim. The ruling helps illuminate the doctrine of prosecutorial immunity, particularly within the context of California state law.

Then, Ben Feuer continues our preview of SCOTUS' upcoming term, with a look at Buck v. Davis, a case involving race and capital punishment, where a defendant may have been sentenced to death, at least partially, due to the color of his skin. Though the actual question presented is a narrow, procedural one, its underlying facts will certainly attract broad attention.

Don't forget to take the short, true/false test below for one hour of CLE credit.

Brian Cardile

Rulings Editor, Podcast Host, 9th U.S. Circuit Court of Appeals reporter

For reprint rights or to order a copy of your photo:

Email for prices.
Direct dial: 949-702-5390

Send a letter to the editor: