United States
v. DeCinces, No. 15-50033 (12-22-15)(Rawlinson, Graber, and concurrence by
Watford).
The 9th reverses a
district court's ruling precluding 404(b) evidence in an insider trading
case. The 'other acts" could show
plan, knowledge, intent or lack of mistake.
The 9th had jurisdiction as it was a pretrial order that precluded
evidence. Defendant's cross appeal on collateral issues related to the ruling
was dismissed for lack of jurisdiction.
The 9th found the issues distinct.
Watford concurs, noting that the double jeopardy clause is not
applicable here for the issues raised as to failure to state a claim.
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2015/12/22/15-50033.pdf
Garcia
v. Long, No. 13-57071 (12-21-15) (Bybee with Fisher and Foote, D.J.)
The 9th affirms the
district court's granting of habeas relief, even under AEDPA's deference, for a
Miranda violation. When the petitioner,
asked by law enforcement, if he wanted to speak, said "no," it was
plain and simple: no. There was no
ambiguity or need to clarify.
"no" means "no."
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2015/12/21/13-57071.pdf
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