USA v. Rudy Garcia

USA v. Rudy Garcia

Plaintiff - Appellee,:	UNITED STATES OF AMERICA
Defendant - Appellant,:	RUDY MARTIN GARCIA
Case Number:	11-30348
Filed:	December 12, 2011
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Other

Opinions

We have the following opinions for this case:

Date Filed	Description
July 19, 2013	United States v. Garcia
August 13, 2013	USA V. RUDY GARCIA

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Date Filed	Document Text
August 13, 2013	Filing 9025220773 Filed order and amended opinion (WILLIAM A. FLETCHER, RAYMOND C. FISHER and GORDON J. QUIST). Amending Disposition Opinion REVERSED. This court s opinion, filed July 19, 2013, is hereby amended as follows: At slip opinion page 16-17, delete the following sentence: <We held in both cases that evidence of prior violent acts of the victim that were known to the defendants should have been admitted. James, 169 F.3d at 1214 15; Saenz, 179 F.3d at 688 89.> Replace that sentence with the following paragraph: <In James, the defendant had been allowed to testify about prior violent conduct by the victim of which she had been aware. The dispute on appeal was whether the defendant could reinforce her testimony by introducing court documents, a presentence report, and police reports describing the victim s prior conduct. James, 169 F.3d at 1212 13. We held that the district court had abused its discretion in excluding that evidence. Id. at 1214 15. In Saenz, the district court held as a matter of law that the defendant could not testify about prior violent acts by the victim of which he had been aware. Saenz, 179 F.3d at 688. We reversed based on James. We wrote, [W]e assumed [in James] that, in a self-defense case, a defendant may show her state of mind at the time of an attack by testifying that she knew about a victim s past acts of violence. Id. at 689.> [8741216]

Date Filed

Document Text

August 13, 2013

Filing 9025220773 Filed order and amended opinion (WILLIAM A. FLETCHER, RAYMOND C. FISHER and GORDON J. QUIST). Amending Disposition Opinion REVERSED. This court s opinion, filed July 19, 2013, is hereby amended as follows: At slip opinion page 16-17, delete the following sentence: <We held in both cases that evidence of prior violent acts of the victim that were known to the defendants should have been admitted. James, 169 F.3d at 1214 15; Saenz, 179 F.3d at 688 89.> Replace that sentence with the following paragraph: <In James, the defendant had been allowed to testify about prior violent conduct by the victim of which she had been aware. The dispute on appeal was whether the defendant could reinforce her testimony by introducing court documents, a presentence report, and police reports describing the victim s prior conduct. James, 169 F.3d at 1212 13. We held that the district court had abused its discretion in excluding that evidence. Id. at 1214 15. In Saenz, the district court held as a matter of law that the defendant could not testify about prior violent acts by the victim of which he had been aware. Saenz, 179 F.3d at 688. We reversed based on James. We wrote, [W]e assumed [in James] that, in a self-defense case, a defendant may show her state of mind at the time of an attack by testifying that she knew about a victim s past acts of violence. Id. at 689.> [8741216]

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Plaintiff - appellee,: UNITED STATES OF AMERICA
Represented By:	Matthew F. Duggan
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Defendant - appellant,: RUDY MARTIN GARCIA
Represented By:	Peter Steven Schweda
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