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No. 8970126
United States Court of Appeals for the Ninth Circuit
United States v. Zolin
No. 8970126 · Decided July 5, 1988
No. 8970126·Ninth Circuit · 1988·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
July 5, 1988
Citation
No. 8970126
Disposition
See opinion text.
Full Opinion
The opinion published at 842 F.2d 1135 is amended to include the following concurrence:
NORRIS, Circuit Judge, concurring in the result: I write separately to make it clear that I believe the independent evidence rule has been and should continue to be the law of the circuit. See United States v. Shewfelt, 455 F.2d 836 (9th Cir.), cert. denied, 406 U.S. 944 , 92 S.Ct. 2042 , 32 L.Ed.2d 331 (1972). However, I cannot join the court’s order because the majority has failed to make clear whether the order is a disposition on the merits, i.e., whether it constitutes en banc authority that the Shewfelt independent evidence rule is the law of the circuit. If the order is intended to be a disposition on the merits, it is internally inconsistent because an en banc panel cannot both decide a case on the merits and vacate as improvidently granted the order *611 of the full court authorizing it to decide the case.
Plain English Summary
The opinion published at 842 F.2d 1135 is amended to include the following concurrence: NORRIS, Circuit Judge, concurring in the result: I write separately to make it clear that I believe the independent evidence rule has been and should co
Key Points
01The opinion published at 842 F.2d 1135 is amended to include the following concurrence: NORRIS, Circuit Judge, concurring in the result: I write separately to make it clear that I believe the independent evidence rule has been and should co
02However, I cannot join the court’s order because the majority has failed to make clear whether the order is a disposition on the merits, i.e., whether it constitutes en banc authority that the Shewfelt independent evidence rule is the law o
03If the order is intended to be a disposition on the merits, it is internally inconsistent because an en banc panel cannot both decide a case on the merits and vacate as improvidently granted the order *611 of the full court authorizing it t
04
Frequently Asked Questions
The opinion published at 842 F.2d 1135 is amended to include the following concurrence: NORRIS, Circuit Judge, concurring in the result: I write separately to make it clear that I believe the independent evidence rule has been and should co
FlawCheck shows no negative treatment for United States v. Zolin in the current circuit citation data.
This case was decided on July 5, 1988.
Use the citation No. 8970126 and verify it against the official reporter before filing.