United States v. Stanley Kinsman
This text of 573 F.2d 3 (United States v. Stanley Kinsman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
The Government’s petition for rehearing is granted. The opinion heretofore filed is ordered withdrawn. Disposition of the Government’s petition for rehearing in this case was deferred pending disposition of United States v. Rodriguez-Gastelum, 569 F.2d 482 (9th Cir. en banc 1978). Upon the authority of Rodriguez-Gastelum, we vacate the order below, and remand the case to the district court for the purpose of the district court’s determining the question whether Kinsman waived his right to counsel before he made his inculpatory statements. The district court may, in its discretion, make appropriate findings and issue its order on the present record, or it may conduct a further evidentiary hearing directed to the issue.
Order vacated and cause remanded for further proceedings consistent with the views herein expressed.
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Cite This Page — Counsel Stack
573 F.2d 3, 1978 U.S. App. LEXIS 11835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-stanley-kinsman-ca9-1978.