State of Arizona v. William Dale Manypenny
Court of Appeals for the Ninth Circuit
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
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