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U.S. v. Bailon-Santana
04-50079 (12/06/05)
Before Circuit Judges Canby Jr., Kozinski, and Rawlinson
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8A8722340251FBF8882570CE00824A7D/$file/0450079.pdf?openelement
CRIMINAL LAW / JURY TRIAL WAIVER

REVERSED AND REMANDED.
Opinion (Kozinski): Charged with conspiracy to distribute and to possess
cocaine with intent to distribute, Bailon-Santana waived his jury trial
right after signing a waiver form having been translated into Spanish by
his attorney. Bailon-Santana was convicted and sentenced to 30 years in
jail. Bailon-Santana appealed and challenged the validity of his waiver
and the sufficiency of the evidence. The Ninth Circuit Court found that
the attorney was not qualified to translate the waiver form and therefore
Bailon-Santana's waiver was invalid. In addition, the court found that
there was ample evidence to support the conviction because a reasonable
trier of fact could have concluded as much.

 

 

 

 

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http://www.news-herald.com/site/printerFriendly.cfm?brd=1698&dept_id=21849&newsid=15479425
10/30/2005
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From the Orangeburg, South Carolina, Times and Democrat:
http://www.thetandd.com/articles/2005/10/13/news/doc434dc615861d0663242446.txt
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http://www.japantimes.co.jp/cgi-bin/getarticle.pl5?nn20051025a7.htm
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http://the.honoluluadvertiser.com/article/2005/Oct/30/ln/FP510300366.html
Posted on: Sunday, October 30, 2005
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