Friday, March 14, 2008

Vindictive Prosecution (Part II): U.S.A. v Jenkins, 518 F.3d 722 (2008)

In an earlier Blog (Click on Blog, entitled "Vindictive Prosecution" we reviewed USA v. Jenkins, 504 F.3d 694 (9th Cir. 2007) foreclosing prosecutors from prosecuting Sharon Jenkins for a crime she testified to committing on the witness stand defending herself from charges of another crime.The petition for rehearing en banc was, astonishingly, denied over the dissent of seven Ninth Circuit Judges.The lead judge in dissent wrote this: "By concluding that prosecutors should have sacrificed the resources necessary to pursue the charges before Jenkins admitted to the crimes under oath, the opinion oversteps our judicial function. . .the Jenkins opinion creates the preposterous rule that a defendant can shield himself from future prosecution for unrelated crimes by openly admitting to them on the stand;" Jenkins, 518 F.3d 722 (9th Cir. 2008). California Attorney General Brown has not filed a petition for review in the Supreme Court. l

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