Gabriel Malor
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gabrielmalor.bsky.social
Gabriel Malor
@gabrielmalor.bsky.social
19K followers 190 following 9.1K posts
Oklahoman in Virginia. Appellate attorney.
I talk about federal court decisions. A lot.
Sometimes the most you can do is the best you can do.
gabriel.malor@gmail.com
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gabrielmalor.bsky.social
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November 12, 2025 at 12:35 AM
gabrielmalor.bsky.social
This follow's Pdine Law's 9th Cir. clinic's similar win last month for nolo pleas.

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gabrielmalor.bsky.social Gabriel Malor @gabrielmalor.bsky.social · 22d
9th Cir., 2-1, holds that in a § 1983 case, where the Heck bar is at issue, a plaintiff’s nolo contendere plea cannot be admitted to show that he committed the charged crime.

Huge win for Pepperdine Law's 9th Cir. appellate advocacy clinic.

cdn.ca9.uscourts.gov/datastore/op...
We have never squarely answered the question of whether the evidentiary bar of Rule 410(a) applies when a defendant in a § 1983 suit seeks to introduce evidence of the plaintiff’s nolo contendere plea in support of a Heck bar. Defendants correctly note that our court has previously applied the Heck bar in cases where the relevant criminal conviction was obtained through a plea of nolo contendere. See, e.g., Sanders v. City of Pittsburg, 14 F.4th 968, 970–73 (9th Cir. 2021); Szajer v. City of Los Angeles, 632 F.3d 607, 609–12 (9th Cir. 2011). But crucially, none of these previous decisions considered whether Rule 410 barred the 12 KING V. VILLEGAS admission of the nolo plea in the first place. “[C]ases are not precedential for propositions not considered, or for matters that are simply assumed.” United States v. Kirilyuk, 29 F.4th 1128, 1134 (9th Cir. 2022) (internal quotations and citations omitted). Because “we have never squarely addressed” the application of Rule 410(a) to the admission of nolo pleas in Heck cases, “we are free to address the issue on the merits.” Brecht v. Abrahamson, 507 U.S. 619, 631 (1993). We now hold that Rule 410(a) bars admission of a nolo contendere plea to show that a § 1983 plaintiff committed the crimes to which he pleaded nolo contendere. Our holding follows from a straightforward application of the text of the Rule.
November 11, 2025 at 4:17 PM
gabrielmalor.bsky.social
Comey addressed Salomon-Guillen at the bottom of page 4. He also addressed the "only" restriction issue further up on 4.
November 10, 2025 at 10:30 PM
Reposted by Gabriel Malor
chrisgeidner.bsky.social
BREAKING: Judge Talwani will be issuing a second order — aside from the Rhode Island TRO — to "protect against the government's position" that the states suing over SNAP benefits are not "parties" to the R.I. litigation. It will be stayed to run concurrently w/ the R.I. order's current admin stay.
November 10, 2025 at 9:38 PM
gabrielmalor.bsky.social
a gingerbread man is laying on a pan with the words you 're a monster
Alt: a gingerbread man is laying on a pan with the words you 're a monster
media.tenor.com
November 10, 2025 at 5:17 PM
gabrielmalor.bsky.social
The bottoms of shoes are SO DIRTY. Of course you should take them off, first thing when you get home and when you enter anyone's home.
November 10, 2025 at 2:39 PM
Reposted by Gabriel Malor
obarcala.bsky.social
You had the guy going to the Supreme Court to avoid obeying orders to pay SNAP benefits and decided to work the weekend to save him from more national headlines
November 10, 2025 at 2:05 PM
gabrielmalor.bsky.social
No, I'm watching the game.
November 9, 2025 at 8:23 PM