United States Ninth Circuit

Prosecutor's use of inconsistent evidence of whether defendant or rival gang member fired first shot in shoot-out in separate trials does not violate defendant's due process rights when prosecutor's theory was that both shooters were guilty under the "provocative act doctrine".

Appellate Information

• Argued 05/01/2000
• Decided 11/30/2000
• Published 11/30/2000

Judges

• SILVERMAN, Circuit Judge:, Before:  BROWNING, NOONAN, and SILVERMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Frederick L. McBride, Santa Ana, California, for the petitioner-appellant.


• For Appellees:
  
• John T. Swan, Deputy Attorney General, San Diego, California, for the respondent-appellee.