Legal Opinion · Dissent

Ballard v. United States

Court of Appeals for the Ninth Circuit

Decided March 25, 1946No. 10059Published

1DissentDenman, Circuit Judge

I dissent not only from the decision but also from the refusal of this court to respond to the requirement of the Supreme Court that we not only should “pass on” the important questions raised but not decided in that court, but, in addition, give that Court the “benefit of our views” upon them.

The language of this requirement is:

“Respondents maintain that the reversal of the judgment of conviction was justified on other distinct grounds. The Circuit Court of Appeals did not reach those questions. Respondents may, of course, urge them here in support of the judgment of the Circuit Court of…

2Cases cited33 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Berger v. United StatesSupreme Court of the United States · 1935
  3. United States v. Socony-Vacuum Oil Co.Supreme Court of the United States · 1940
  4. Weems v. United StatesSupreme Court of the United States · 1910
  5. Snowden v. HughesSupreme Court of the United States · 1944

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