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United States v. Donald Gene Goodwin

UNITED STATES of America, Plaintiff-Appellee, v. Donald Gene GOODWIN, Defendant-Appellant

United States v. Goodwin, 446 F.2d 894 (9th Cir. 1971)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
July 13, 1971
Docket
No. 26251
Judges
Merrill, Browning, Kilkenny
Citations
446 F.2d 8941971 U.S. App. LEXIS 8998

Opinion — Per Curiam

PER CURIAM:

Appellant stands convicted of assaulting a federal officer. 18 U.S.C. § 111 . On appeal he contends for the first time that he did not knowingly and voluntarily waive a jury trial, that he had inadequate counsel, and that the government’s witnesses refused to be interviewed by him.

As to the first two contentions, the record on direct appeal provides no basis for ruling on his conclusionary allegations. Appellant and his appointed counsel signed a jury waiver which is valid on its face and there is nothing in the record to indicate that his representation by appointed counsel was so gross on its face as to amount to a denial of due process. If there are facts outside the record which would support appellant’s allegations, they must be presented in an application under 28 U.S.C. § 2255 . United States v. Reyes-Meza DePolanco, 422 F.2d 1304, 1305 (9th Cir. 1970); United States v. Sullivan, 435 F.2d 650, 651 (9th Cir. 1970); United States v. Johnson, 434 F.2d 827, 831 (9th Cir. 1970); United States v. Porter, 431 F.2d 7, 10-11 (9th Cir. 1970).

The record clearly belies appellant’s remaining contention. At his first trial, which resulted in a hung jury, appellant had every opportunity to examine the witnesses against him.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1972: 11982: 11983: 21985: 21986: 11990: 11996: 12013: 119722026peak 1983 · 2

Relies on it most ⓘ

  1. United States v. David Cochran770 F.2d 850 (9th Cir. 1985)
  2. United States v. Michael Lee Sammons918 F.2d 592 (6th Cir. 1990)
  3. United States v. Amnon Saadya, United States of America v. Marco Abkasis750 F.2d 1419 (9th Cir. 1985)
  4. United States v. Mala Shorty741 F.3d 961 (9th Cir. 2013)
  5. Dumas v. State439 So. 2d 246 (Fla. Dist. Ct. App. 1983)
  6. United States v. Richard Jesse Rusmisel716 F.2d 301 (5th Cir. 1983)

Most recent

  1. United States v. Mala Shorty741 F.3d 961 (9th Cir. 2013)
  2. United States v. Johnny Azzo, United States of America v. Tarek Halabi81 F.3d 170 (9th Cir. 1996)
  3. United States v. Michael Lee Sammons918 F.2d 592 (6th Cir. 1990)
  4. State v. Lawyer395 N.W.2d 153 (N.D. 1986)
  5. United States v. David Cochran770 F.2d 850 (9th Cir. 1985)
  6. United States v. Amnon Saadya, United States of America v. Marco Abkasis750 F.2d 1419 (9th Cir. 1985)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
United States v. Porter, 431 F.2d 7 (9th Cir. 1970) 54
United States v. Johnson, 434 F.2d 827 (9th Cir. 1970) 38
United States v. Rosa Reyes-Meza De Polanco, 422 F.2d 1304 (9th Cir. 1970) 9
United States v. Sullivan, 435 F.2d 650 (9th Cir. 1971) 8

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