AMADO v. GONZALEZ

No. 11-56420.

734 F.3d 936 (2013)

Randall AMADO, Petitioner-Appellant, v. Terri GONZALEZ, Warden, California Men's Colony, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 30, 2013.


Attorney(s) appearing for the Case

John Lanahan (argued), San Diego, CA, for Petitioner-Appellant.

Kamala D. Harris , Dane R. Gillette , Lance E. Winters , Kenneth C. Byrne , and David A. Wildman (argued), Office of the Attorney General of California, Los Angeles, CA, for Respondent-Appellee.

Opinion by Judge Hellerstein; Dissent by Judge Rawlinson.


OPINION

HELLERSTEIN, Senior District Judge:

Violence between street gangs is a scourge to communities. The prosecutors who prosecute crimes committed by these gangs perform a vital service. But prosecutors must be vigilant that excessive zeal does not violate a defendant's constitutional right to a fair trial. When that occurs, the courts must balance the needs of the community with a defendant's constitutional right to a fair trial.

Randall Amado...

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