In 2007, Kevin Cooper appealed the district court’s decision in Cooper V. Brown. Although, the district court decision was affirmed, Judge M. Margaret McKeown’s Opinion laid out the essential problem with Mr. Coopers case:

“I concur in the opinion but am troubled that we cannot, in Kevin Cooper’s words, resolve the question of his guilt “once and for all.” I do not fault the careful and extensive review by the district court or the multiple levels of appeal carried out under statutory and Supreme Court standards. Rather, the state bears considerable responsibility in making such resolution unavailable. I separately concur to underscore the critical link between confidence in our justice system and integrity of the evidence.”

Judge M. Margaret McKeown

Read the McKeown excerpt:

McKeown Excerpt

Read the full transcript:

2007-12-04 Ninth Circuit Appeal