US v. Hernandez-Meza, No. 12-50220 (6-21-13)(Kozinski with Wardlaw and Gould).

How many ways could the defendant be prejudiced? Failure to dismiss for Speedy trial? Check. Allowing the government to reopen its case-in-chief after its rested to rebut a defense it knew about? Check. The possible sandbagging by the government? Check. All present here, which resulted in a vacation and remand and reassignment. This was a 1326 prosecution. The defendant argued he might be a derivative citizen. He didn't put on evidence, but argued the defense in cross exam of the government witnesses and in requested jury instructions. The 9th found various errors in the government not disclosing immigration documents, and the court allowing the government to reopen. And yes, there was also a speedy trial violation. The case was reassigned.


Congrats to Harnini Raghupathi of the Federal Defenders of San Diego.

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2013/06/21/12-50220.pdf