Opinion

Cooper v. Brown

  • 565 F.3d 581
  • 2009 U.S. App. LEXIS 10944
  • 2009 WL 1272436
Court
Court of Appeals for the Ninth Circuit
Filed
May 11, 2009
Status
Published
Author
Fisher
On the bench
Rymer, McKeown, Gould, Fletcher, Wardlaw, Fisher, Reinhardt
Cited by
4 cases

"[I]f state actors planted this evidence, its presentation at trial violated Cooper's due process rights under Mooney and Napue”

How later courts described this case

  • "[I]f state actors planted this evidence, its presentation at trial violated Cooper's due process rights under Mooney and Napue”

Written by the judges who cited it.

The opinion

FISHER, Circuit Judge,

dissenting from denial of rehearing en bane, joined by KOZINSKI, Chief Judge, PREGERSON, GRABER and BERZON, Circuit Judges:

I generally agree with Judge Fletcher that we should have taken this ease en banc to require the factual inquiry the previous en banc court expected to occur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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