CHEIN v. SHUMSKY

No. 01-56320.

373 F.3d 978 (2004)

Edmund Y. CHEIN, Petitioner-Appellant, v. Richard SHUMSKY, Chief Probation Officer, LA County; California State Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2004.


Attorney(s) appearing for the Case

Charles M. Sevilla, Cleary & Sevilla, San Diego, CA, for the petitioner-appellant.

Brentford Ferriera and Matthew G. Monforton, Office of the District Attorney, Los Angeles, CA, for the respondents-appellees.

Cliff Gardner, San Francisco, CA, for the amicus curiae.

Before SCHROEDER, Chief Judge, O'SCANNLAIN, RYMER, T.G. NELSON, HAWKINS, McKEOWN, WARDLAW, GOULD, BERZON, RAWLINSON, and CLIFTON, Circuit Judges.


BERZON, Circuit Judge.

Dr. Edmund Chein was an expert medical witness in an automobile accident trial in California state court. He was also involved in a suit with a former business associate concerning the distribution of fees paid by patients. In both lawsuits he provided evidence — in the first instance trial testimony, in the second an interrogatory answer — that was misleading, at the least, concerning his medical credentials. At the instigation...

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