1. Martinez v. Shinn, No. 21-99006 (5-16-22)(per curiam w/McKeown, Fletcher, & M. Smith)(an AZ FPD CHU case). The 9^th denies the request for a COA to challenge the denial of a Rule 60(b) motion. The 9^th agrees that Mitchell provides the court with authority to allow discovery to develop a claim under Rule 60. However, the development has to be for an extraordinary change and the changes alleged here – a Napue claim and Pena-Rodriguez – were not prejudicial or not extraordinary.

 

https://cdn.ca9.uscourts.gov/datastore/opinions/2022/05/16/21-99006.pdf

 

2.US v. Allen, No. 21-10060 5-16-22)(Ikuta w/Lucero & VanDyke). COVID does not justify the closure of visual public access to a suppression hearing and trial. The constitutional right to a public trial was violated when the court only allowed audio. Visual is critical. The court could have struck a balance, but its total ban on visual presence was too broad. While the right to access is not absolute, for example in national security cases, there were other measures the court could have used to balance.

 

Congrats to Lisa Ma, AFPD FPD Cal N (Oakland).

 

https://cdn.ca9.uscourts.gov/datastore/opinions/2022/05/16/21-10060.pdf