Thursday, October 11, 2018

US v. Gonzalez, No. 15-50483 (10-10-18)(Watford w/Rogers & Bybee). The 9th affirmed “across the board” convictions of three LA Deputy Sheriffs who brutally beat a visitor to the central jail. The visitor was suspected of smuggling in a cell phone. While handcuffed, the sheriffs punched and kicked the victim and subsequently covered it up. There was sufficient evidence to find they sought to deprive the victim of his right to be free from excessive force and that they obstructed an investigation. 

The decision is here:

Payton v. Davis, No. 17-55054 (10-10-18)(Tallman w/Gould & Rawlinson). The 9th holds that Fed R Civ Pro 60(d) is subject to the COA requirements of 28 U.S.C. § 2253(c)(1). This arising from a murder and death penalty 40 years ago. This appeal arises from Brady and Massiah claims for use of an informant, and the allegation that the prosecutor committed fraud on the court by filing false affidavits. The 9th finds that Rule 60 needs a COA and one is not granted here.

Valiant efforts waged by AFPDs Michael Parente and Susel Carrillo-Orellana of Cal Central (L.A.).

The decision is here:


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