Willie A. Anderson v. United States

Ninth Circuit

Willie A. Anderson v. United States

406 F.2d 770, 1969 U.S. App. LEXIS 9114

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 31, 1969

Docket22548

StatusPublished

Cited by3 cases

This text of 406 F.2d 770 (Willie A. Anderson v. United States) 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.

Bluebook

Willie A. Anderson v. United States, 406 F.2d 770, 1969 U.S. App. LEXIS 9114 (9th Cir. 1969).

Pincite

Opinion

PER CURIAM:

The appellant was convicted, in a jury trial, of several offenses involving the passing of counterfeit money. During the trial, it developed that certain of the prosecution’s witnesses had, prior to the time of their appearances during the trial, been shown photographs of the defendant.

The appellant’s argument in our court is that we should extend the doctrine of United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967), and hold that the pretrial exhibition of the photographs to the prospective witnesses was impermissible without the presence, during the exhibitions, of an attorney representing the accused. In the circumstances of this case, it is unnecessary for us to consider that contention.

The appellant urges that we should remand the case with directions to the district judge to conduct an inquiry to determine whether or not the showing of the photographs was attended by improper suggestion or insinuation. The appellant was represented by competent counsel during the trial, and no request was then made of the district judge that he conduct the type of inquiry now sought to be directed. Moreover, there was no objection to the identifying testimony of the prosecution’s witnesses, and appellant’s counsel fully cross-examined them about the circumstances surrounding their pretrial perusal of the pictures.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

The appellant was convicted, in a jury trial, of several offenses involving the passing of counterfeit money. During the trial, it developed that certain of the prosecution’s witnesses had, prior to the time of their appearances during the trial, been shown photographs of the defendant.

The appellant’s argument in our court is that we should extend the doctrine of United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967), and hold that the pretrial exhibition of the photographs to the prospective witnesses was impermissible without the presence, during the exhibitions, of an attorney representing the accused. In the circumstances of this case, it is unnecessary for us to consider that contention.

The appellant urges that we should remand the case with directions to the district judge to conduct an inquiry to determine whether or not the showing of the photographs was attended by improper suggestion or insinuation. The appellant was represented by competent counsel during the trial, and no request was then made of the district judge that he conduct the type of inquiry now sought to be directed. Moreover, there was no objection to the identifying testimony of the prosecution’s witnesses, and appellant’s counsel fully cross-examined them about the circumstances surrounding their pretrial perusal of the pictures.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

406 F.2d 770, 1969 U.S. App. LEXIS 9114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willie-a-anderson-v-united-states-ca9-1969.

Opinion

Related

Cite This Page — Counsel Stack