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Last week, an 11-judge Ninth Circuit U.S. Court of Appeals panel ruled that a federal criminal defendant could still raise a defense that had been unsuccessfully argued in another federal prosecution. But how the court got to that ruling is an odd story. Two weeks before oral argument in a case pending for eight years, the government conceded it shouldn't have prevailed before a three-judge panel. The panel, the government decided, got it wrong.
January 01, 2004 at 12:00 AM
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The original version of this story was published on Law.Com
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