Legal Opinion
United States v. H. Kenneth McCurdy
Court of Appeals for the Ninth Circuit
Decided October 26, 1971No. 71-2353PublishedCited by 24 opinions
1Per curiam
Appellant McCurdy was convicted of smuggling and transporting marijuana in violation of 21 U.S.C. § 176a.
The sole issue on appeal is whether McCurdy validly waived jury trial within the terms of Rule 23(a), Federal Rules of Criminal Procedure, provides: The Rule(a) Trial by Jury. Cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the government.
There was no written waiver signed by the defendant. However, the record sets forth the following colloquy:
MR. MICHAELS [Counsel for the United…
2Cases cited4 opinions
- Patton v. United StatesSupreme Court of the United States · 1930
- John Richard Bayless v. United StatesCourt of Appeals for the Ninth Circuit · 1967
- United States v. Georgina Guerrero-PeraltaCourt of Appeals for the Ninth Circuit · 1971
- James Rogers v. United StatesCourt of Appeals for the Seventh Circuit · 1963
3Cited by24 opinions
- United States v. Eric Charles Martin, A/K/A Mickey Milton ArringtonCourt of Appeals for the Sixth Circuit · 1983
- United States of America Ex Rel. John Williams v. Richard DerobertisCourt of Appeals for the Seventh Circuit · 1983
- United States v. Mary Marcyes and James Siddle, United States of America v. Benjamin ReedCourt of Appeals for the Ninth Circuit · 1977
- Lathrop Douglass v. First National Realty Corporation. Appeal of Sidney S. BrownCourt of Appeals for the First Circuit · 1976
- United States v. Amnon Saadya, United States of America v. Marco AbkasisCourt of Appeals for the Ninth Circuit · 1985
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