United States v. Rex Harrison

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 08-10391 Plaintiff-Appellee, D.C. No. v.  1:07-CR-00384-

DAE-

REX T. HARRISON,

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Hawaii David A. Ezra, District Judge, Presiding

Argued and Submitted May 13, 2009—Honolulu, Hawaii

Filed August 19, 2009

Before: Alex Kozinski, Chief Judge, Jay S. Bybee and Consuelo M. Callahan, Circuit Judges.

Opinion by Chief Judge Kozinski; Partial Concurrence and Partial Dissent by Judge Bybee

11313 UNITED STATES v. HARRISON 11315

COUNSEL

Edward H. Kubo, Jr., United States Attorney; Lawrence L. Tong, Assistant United States Attorney, Honolulu, Hawaii for plaintiff-appellee the United States of America.

Peter C. Wolff, Jr., Office of the Federal Public Defender, Honolulu, Hawaii for defendant-appellant Rex T. Harrison. 11316 UNITED STATES v. HARRISON

OPINION

KOZINSKI, Chief Judge:

Everyone could have done more to protect defendant’s rights at trial.

I

This is a tale of two Rex Harrisons. The first is the Harrison of Officers…