United States Ninth Circuit

A conviction for soliciting the murder of three federal officials is reversed where the conviction substantially rested upon the testimony of a witness who had been conclusively shown, by the time defendant moved for a new trial, to be a forger and a liar, and thus, the district court abused its discretion in denying the motion for a new trial.

Appellate Information

• Argued 12/16/2008
• Decided 05/30/2008
• Published 05/30/2008

Judges

• Before:  ALEX KOZINSKI, Chief Judge, HARRY PREGERSON, DIARMUID F. O'SCANNLAIN, ANDREW J. KLEINFELD, KIM McLANE WARDLAW, W. FLETCHER, RICHARD A. PAEZ, CONSUELO M. CALLAHAN, CARLOS T. BEA, SANDRA S. IKUTA and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Dennis P. Riordan and Donald M. Horgan, San Francisco, CA, and Curtis R. Smith, Idaho Falls, ID, for the defendant-appellant., John F. De Pue and Michael D. Taxay, Department of Justice, Washington, D.C., for the plaintiff-appellee.