United States Court of Appeals for the Ninth Circuit

The duty exists even if the defense, conceivably, might have access to the information independently.

United States v. Schaefer, 9th Circuit, 1986 Non-disclosure of government witness paid informant status not absolved even if defendant might have uncovered it through independent sources.

Tapes disclosed to co-defendant not effectively disclosed to defendant because trial strategies of co-defendant often conflict.

All right, we're going to wrap up this episode right here.

Moreno v. Commonwealth, 1990.

In addition to allowing for full investigation, which could lead to more favorable or exonerating evidence, the timely disclosure of Brady material can alert defendants to viable pretrial challenges such as suppression of evidence.

United States, Gomez, Orduno, 635, 9th Circuit, 2000.

Holding that Brady was violated in the pretrial context by suppression of a report that would have demonstrated Fourth Amendment standing to challenging a search.

Bridges versus California, three fourteen, US two fifty-two, sixty-two, S dot CT dot one ninety, eighty-six L dot ED, one ninety-two, 1941, pages three, six, and seven.

Farr versus Pitchess, five twenty-two, F2D, four sixty-four, Ninth Circuit, 1975, page number four.

Gentile versus the State Bar of Nevada, 501 US ten thirty, one eleven, S dot CT, twenty-seven twenty, one fifteen, L dot E dot D, two D dash eighty-eight eighty-eight, 1991, pages five, six, seven, and eight.

Irvin and Dowd, three sixty-six US seven seventeen, eighty-one, S dot CT, sixteen thirty-nine, six L dot ED dot two D, seven fifty-one, 1961, page number three.

Seattle Times Company versus Rinehart, 467 US twenty, one zero four, S dot CT, twenty-one ninety-nine, eighty-one, L dot ED, two D seventeen, 1984, page eight.

Shepard versus Maxwell, 384, US three thirty-three, eight eighty-six, S dot CT dot fifteen oh seven, sixteen, L dot E dot two D six hundred, 1966, pages three, four, five, and seven.

Standing Committee on Discipline versus Yagman, fifty-five F dot three D, fourteen thirty, Ninth Circuit, 1995, page seven.

State versus Spencer, seventy-four, Idaho, one seventy-three, Idaho, nineteen fifty-three, page number one.

This is a focus on California evidence law.

I deliberately do not include Ninth Circuit or District Court decisions because there's already way too much to focus on in California evidence.

So I'm going to, with those caveats, I'm going to start sharing my PowerPoint screen.

And...

We needed corroboration.

And Judge Trott, Ninth Circuit judge, former DAG, used to give the analogy that.

corroboration to a to a cooperator is like gasoline to a car which i guess now might be electricity as well but if you don't have the gas the car doesn't go if you don't have corroboration the cooperator doesn't go and when it comes to both of these individuals you basically needed to tell the story in a way where you actually were not relying upon them and we knew very early the odds of us ever using george jaramillo as a witness was close to zero whereas don heidel We could because there was some corroboration already, but we essentially needed a recording.

We needed words out of Mike Corona's mouth admitting to the crimes because if it was only coming from Don Heidel, it was never going to be sufficient evidence.

He told the government, look, this is without prejudice.

If you want to come back, you think you've got the facts, come back anytime.

And this got appealed to the Ninth Circuit.

And at the Ninth Circuit, they disagreed with Judge Guilford and they overruled him, which was, I thought, very unusual in a discretionary call like this.

what um what do we what do we have on the menu for tonight

we've got uh the i think uh no favorite was the top topic uh the but other ones that of in particular interest was the ai connected cases we've got a data center blocked in california we've got flock searches uh being challenged in wisconsin we've got ai being used to surveil and target people for death And we've got AI bots on trial in the Ninth Circuit.

The Lindsay Clancy juror who the media is waging a personal war on for simply being the one based black guy to stand up to all the nutty all the nutty white women.

The elections cases.

There's AI buying old books that are rare and then literally physically destroying them to put them into the AI system.

And so that all that's left is the AI version of that book.

But the Ninth Circuit reversed, saying as long as somebody else is using the bot, you can't sue the company that created the bot.

Well, so they got an injunction.

She filed an emergency application on Wednesday asking Justice Elena Kagan to temporarily block a Los Angeles court ruling that declared the California couple the baby's legal parents.

And Kagan handles emergency matters from the Ninth Circuit, which includes California.

She hasn't ruled on the request.

But this woman, McKenna West...

I'm all for it

... held up in court for a while, and a late Friday decision from the US Ninth Circuit Court of Appeals on Friday upheld, according to the LA Times, a federal judge's order requiring the US Department of Veteran Affairs to build more than 2,500 housing units on its campus in West LA.

So they had been fighting this for a while, but, uh, basically the attorney for the group that wants this housing built says it's "a tribute to all the veterans who stood up to their government and demanded it honor its commitment to the men and women who sacrificed for their nation, and found when they came home that their government would not stand up for them."

I should also add that this is, uh, in West LA, and there's another hou- there's another one of these buildings, uh, where they're, they're converting...

The Fifth Circuit in February upheld that common sense reading and later issued an extraordinary order keeping lower court releases on hold.

And the notoriously liberal Ninth Circuit went the other way in July.

guaranteeing more habeas petitions, more releases, more chances for illegal aliens to disappear.

Now, the two illegal aliens at the center of this ruling that was decided yesterday are Oscar Enrique Lopez Garcia and Juan Jose Rivera.