Criminal Defense of Immigrants

 
 

Chapter 9. Litigation [Reserved]

 

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CRIMINAL DEFENSE - LITIGATION
J. Basinger & W. Buckman, Racial Profiling, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 413 (2d ed. 2007).

Ninth Circuit

CRIM DEF " LITIGATION " EVIDENCE " DEPORTATION OF DEFENSE WITNESS " COMPULSORY PROCESS VIOLATION
United States v. Leal-Del Carmen, 697 F.3d 964 (9th Cir. Sept. 14, 2012) (The Government violated defendants Sixth Amendment right to compulsory process by deporting a witness it knew could give exculpatory evidence in an alien smuggling prosecution).
CRIMINAL DEFENSE - EVIDENCE - DEPORTED WITNESS
United States v. Yida, ___ F.3d ___, 2007 WL 2325143 (9th Cir. Aug. 16, 2007) (court order excluding the former trial testimony of a now-deported witness in defendant's retrial on drug-related charges is affirmed because even though the government acted in good faith, it deported the witness without informing the court or the defense, without taking a video deposition, and without having any means of compelling his return, did not use reasonable means to procure the witness's attendance at defendant's retrial and did not establish that the witness was unavailable under Federal Rule of Evidence 804(a)).

Other

CRIMINAL DEFENSE - LITIGATION
B. Horne & R. Valladares, Cultural Issues in Fourth Amendment Motions, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 305 (2d ed. 2007).
CRIMINAL DEFENSE - LITIGATION
F. Einesman, Cultural Issues in Motions to Suppress Statements, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 347 (2d ed. 2007).
CRIMINAL DEFENSE - LITIGATION
J. Basinger, Selective Prosecution, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 405 (2d ed. 2007).
CRIMINAL DEFENSE - LITIGATION
J. Connell, Cultural Issues in Jury Selection, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 495 (2d ed. 2007).
CRIMINAL DEFENSE - IMMIGRATION OFFENSES
R. McWhirter, Defending the Crime of Illegal Entry and Reentry, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 555 (2d ed. 2007).
CRIMINAL DEFENSE - SENTENCE
M. Shein, Cultural Issues in Sentencing, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 625 (2d ed. 2007).
EVIDENCE " ADMISSIBILITY " IMMIGRATION STATUS IS INADMISSIBLE TO IMPEACH
TXI Transp. Co. v. Hughes, 306 S.W.3d 230, 242 n.7 (Tex. 2010) (a witnesss immigration status is not admissible for impeachment purposes based on the witnesss truthfulness or lack thereof); citing First Am. Bank v. W. DuPage Landscaping, Inc., No. 00 C 4026, 2005 WL 2284265, at *1 (N.D. Ill. 2009); Mischalski v. Ford Motor Co., 935 F. Supp. 203, 207"08 (E.D.N.Y. 1996); Castro-Carvache v. INS, 911 F. Supp. 843, 852 (E.D. Pa. 1995); Figeroa v. I.N.S., 886 F.2d 76, 79 (4th Cir. 1989); Hernandez v. Paicius, 134 Cal. Rptr. 2d 756, 761"62 (Cal. Ct. App. 2003).

 

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