For some reason, it is particularly galling when the Ninth reverses a suppression win in the district court. That is, sadly, the subject of the COTW memo: United States v. Williams.In Williams, Judge Wallace reverses suppression of a search, finding reasonable suspicion for a stop then PC for an arrest. That alone would be aggravating enough, but for the PC argument the Ninth allows the government to slip in an argument made for the first time on appeal. Waiver? Nope: just a "more precise argument" presented to the Ninth. Kudos to D. Nevada AFPD Amy Cleary for a hard fought appeal.
United States v. Tony Williams
Monday, September 26, 2016