Leslie Merritt, Jr. v. State of Arizona

FILED

NOT FOR PUBLICATION

AUG 16 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

LESLIE A. MERRITT, Jr., No. 21-15833

Plaintiff-Appellant, D.C. No. 2:17-cv-04540-DGC

v.

MEMORANDUM*

STATE OF ARIZONA; HESTON

SILBERT; CHRISTOPHER

KALKOWSKI; FRANK MILSTEAD;

KEN HUNTER; KELLY M. HEAPE;

JENNIFER PINNOW; JENNIFER

PINNOW; ANTHONY FALCONE,

Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona David G. Campbell, District Judge, Presiding

Argued and Submitted June 13, 2022 San Francisco, California

Before: BYBEE, CALLAHAN, and COLLINS, Circuit Judges. Concurrence by Judge COLLINS.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. This suit arises out of Leslie Merritt’s arrest and indictment for the 2015 I-

freeway shootings in Phoenix, Arizona. The case against Merritt was based, in

part, on ballistic evidence linking a firearm that he owned and pawned to the

shooting. Merritt was arrested in September 2015 and indicted six days later.…