Legal Opinion

State of Arizona v. William Dale Manypenny

Court of Appeals for the Ninth Circuit

Decided March 26, 1982No. 77-3453PublishedCited by 23 opinions

1Opinion of the Court

KENNEDY, Circuit Judge:

The case comes before us for a second time. Our earlier opinion is reported at 608 F.2d 1197 (9th Cir. 1979). William Many-penny was a United States border patrolman on duty near the line dividing Mexico from Arizona. In circumstances much disputed, he wounded an illegal alien and was indicted, under Arizona law, for assault with a deadly weapon. Manypenny removed the prosecution to the United States District Court for Arizona, as was his right under 28 U.S.C. § 1442(a)(1) (1976). Before trial, Manypenny’s attorney apparently made a strategic choice not to raise the…

2Cases cited27 opinions

  1. Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
  2. United States v. DiFrancescoSupreme Court of the United States · 1980
  3. United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
  4. United States v. DinitzSupreme Court of the United States · 1976
  5. United States v. WilsonSupreme Court of the United States · 1975

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3Cited by23 opinions

  1. United States v. Robert Dibernardo and Theodore RothsteinCourt of Appeals for the Eleventh Circuit · 1989
  2. United States v. Charles Donald LemaCourt of Appeals for the First Circuit · 1990
  3. United States v. Frank GiampaCourt of Appeals for the Third Circuit · 1985
  4. United States v. Herbert G. Miller IICourt of Appeals for the Tenth Circuit · 1989
  5. United States v. BaheDistrict Court, D. New Mexico · 1998

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