Chacon v. Wood, 36 F.3d 1459, 1464 (9th Cir. 1994) (presence of interpreter necessary to defendants confrontation rights and effective assistance of counsel). United States v. Lim, 794 F.2d 469, 471 (9th Cir.), cert. denied, 479 U.S. 937 (1986) (defendant who primarily speaks foreign language has statutory right to court appointed interpreter). United States v. Cirrincione, 780 F.2d 620 (11th Cir.

United States v. Leyba, ___ F.3d ___, 2004 WL 1789677 (2d Cir. Aug. 11, 2004) (counsel required to ensure that non-English speaking defendant understand right to proceed pro se or seek new counsel, the substance of filed motion, and consequences of failure to respond to motion before court will rule on the motion).

Where a state criminal statute penalizes consenting sexual conduct in private between adults, it is unconstitutional. Lawrence v. Texas, ___U.S. ___ 123 S. Ct. 2472, 2484 (2004). Some state statutes penalize consenting conduct between adults. E.g., People v. Dancy, 102 Cal.App.

It may be possible to vacate an adult court conviction of a defendant who was a juvenile at the time the offense was committed, on the basis the adult court lacked jurisdiction over the criminal case. The government may attempt to oppose this motion by offering evidence of bone scans or dental examinations.

Brook, Joshua A. Note. Federalism and foreign affairs: how to remedy violations of the Vienna Convention and obey the U.S. Constitution, too. 37 U. Mich. J.L. Reform 573-598 (2004).

Article 36 of the Vienna Convention on Consular Relations (21 U.S.T. 77, TIAS 6820), can be used to attempt to suppress a confession, or vacate a guilty plea, in a criminal or immigration case, in light of the LaGrand and Avena decisions.  LaGrand Case (Germany v. U.S.), 2001 I.C.J. 104 (June 27) available at http://www.icjcij.org/icjwww/idocket/igus/igusframe.htm; Avena and Other Mexican Nationals (Mexico v. United States of America), 2003 I.C.J. 128, http:www.icjcji.org/icjwww/ipresscom/ipress2003/ipress2003-45--mus-- 20031223.htm (as visited February 5, 2004). Madej v.

Any unconditional guilty plea in federal court must be "knowing and voluntary." McCarthy v. United States, 394 U.S. 459, 464-67 (1969). The basis of a motion to set aside a guilty plea is a showing that the "accused does not understand the nature of the constitutional protections that he is waiving." Henderson v. Morgan, 426 U.S. 637, 645 n.13 (1976).

Ememe v. Ashcroft, __ F.3d __ (7th Cir. Feb. 12, 2004) (remand to Immigration Judge to determine ability to comprehend questioning at credible fear interview where native Amheric language speaker’s interview was conducted in speaker’s second language, Italian; such issue goes to resolution of not-directly-contradictory inconsistencies between credible fear interview and asylum hearing); see also, He v. Ashcroft, 328 F.3d 593, 598 (9th Cir. 2003) ("faulty or unreliable translations can undermine the evidence on which an adverse credibility determination is based").

United States v. Short, 790 F.2d 464 (6th Cir. 1986) (statements by German defendant found involuntary due to limited language ability and no understanding of US criminal system). United States v. Garibay, 143 F.3d 534, 537 (9th Cir. 1998) (statements by Mexican defendant found involuntary due to language and verbal IQ difficulties). United States v. Castorena-Jaime, 117 F.Supp.2d 1161 (D. Kan. 2000) (defendants understanding of English insufficient to comprehend Miranda warning given). United States v. Fung, 780 F. Supp. 115 (E.D.N.Y.

United States v. Bailon-Santana, ___ F.3d ___ (9th Cir. Dec. 6, 2006) (invalid jury waiver since defendant waived jury after attorney translated waiver form he was not qualified to translate).
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8A8722340251FBF8882570CE00824A7D/$file/0450079.pdf?openelement