Ninth Circuit Court of Appeals

On Sunday, the Ninth Circuit Court of Appeals tentatively scheduled oral arguments in the Lacey/Larkin case for Friday, September 2, nearly a year after prosecutorial misconduct caused a mistrial in the high-stakes First Amendment donnybrook. The hearing is one of…

The U.S. Department of Justice has wasted four years and untold millions of tax dollars on the wrongful prosecution of award-winning journalists and former Backpage owners Michael Lacey and Jim Larkin. Given the opportunity, the DOJ may waste more. Because…

Forget smoking guns. In an appellate brief filed recently at the Ninth Circuit, defense attorneys in the Lacey/Larkin case offer a series of flaming bazookas, detailing the prosecution’s unabashed intent to force the defense to move for a mistrial (and…

Defense attorneys in the Lacey/Larkin case faced a high bar during Friday’s oral arguments in Phoenix’s federal court on their motion for dismissal for double jeopardy, filed in the wake of a mistrial declared on Sep. 14 by Judge Susan…

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U.S. District Court Judge Susan Brnovich stunned prosecutors on Tuesday morning when she declared a mistrial in the government’s case against lifelong journalists Michael Lacey and Jim Larkin, whom the prosecution aims to imprison for the rest of their lives…

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Update  9/07/2021: Monday night, the defense filed a Motion for Acquittal and Mistrial, arguing that the prosecution’s disingenuous, inaccurate and needlessly pornographic  opening statement on Sep. 3 was so riddled with error that the jury has been “irretrievably tainted” by…