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U.S. v. MITCHELL

Nos. 96-10411, 97-10427.

172 F.3d 1104 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Tony Julius MITCHELL, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Tony Julius Mitchell, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 26, 1999.

Attorney(s) appearing for the Case

Terry Gross, Friedman, Sloan & Ross, San Francisco, California, for defendant-appellant.

Marcia Jensen, Assistant United States Attorney, San Jose, California, for plaintiff-appellee.

Before: WALLACE, T.G. NELSON and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

We reverse because inadmissible evidence regarding the defendant's poverty was admitted and relied upon heavily to secure a conviction.

FACTS

A bank was robbed at gunpoint, and Mitchell was convicted of the robbery. The only issue at trial was whether Mitchell was the man who did it, or was mistakenly identified. There were weaknesses in the prosecution evidence. Mitchell was easily located from the license plate number...

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