Legal Opinion
Paul Edward Archie, Paul Edward Archie v. David A. Christian
Court of Appeals for the Fifth Circuit
Decided February 4, 1987No. 84-2175PublishedCited by 61 opinions
1Opinion of the Court
GEE, Circuit Judge:
This appeal concerns the power of a United States Magistrate to conduct a jury trial pursuant to the 1979 Magistrate’s Act, 28 U.S.C. Sections 631-639. We conclude that he may do so only with the voluntary consent of all parties to the case, who may not be compelled to accept a trial so conducted. Even so because, in the circumstances presented, it appears that the refusal of one of the parties to consent resulted in merely a procedural error and not in an absence of jurisdiction, we conclude that the panel’s decision to the contrary was erroneous; and we remand the appeal…
2Cases cited4 opinions
- Grubbs v. General Electric Credit Corp.Supreme Court of the United States · 1972
- Robert & Nina Puryear v. Ede's Ltd., Etc., Charles Eilert and Edith Eilert, IndividuallyCourt of Appeals for the Fifth Circuit · 1984
- Roosevelt Ford v. W.J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1984
- Paul Edward Archie, Paul Edward Archie v. David A. ChristianCourt of Appeals for the Fifth Circuit · 1985
3Cited by61 opinions
- McCarthy v. BronsonSupreme Court of the United States · 1991
- Darrell Jackson v. Warden Burl CainCourt of Appeals for the Fifth Circuit · 1989
- Jeffrey S. v. State Board Of Education Of GeorgiaCourt of Appeals for the Eleventh Circuit · 1990
- Kenneth R. Koetting v. R.G. Thompson, Warden, Agent for Dick D. Moore, Director Missouri Dept. Of Corrections and Human ResourcesCourt of Appeals for the Fifth Circuit · 1993
- Anson McFaul v. Daniel ValenzuelaCourt of Appeals for the Fifth Circuit · 2012
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