Legal Opinion · Dissent

United States v. Michael Sidney Walk

Court of Appeals for the Ninth Circuit

Decided December 19, 1975No. 74-1899Published

1DissentKoelsch, Circuit Judge

I respectfully dissent.

Despite the majority’s semantic, legerdemain, I remain unpersuaded that a statement originating out of a defendant’s mouth — a statement which can be used against that defendant as an admission at his trial — ceases to be his statement for purposes of discovery simply because it is reported to the government by a third person. Simply put, a defendant’s statement is a defendant’s statement; it matters not who repeats it, it remains his statement. To me, that conclusion is manifest.

By way of background, the record shows that defendant Walk was indicted for bank robbery…

2Cases cited37 opinions

  1. Will v. United StatesSupreme Court of the United States · 1967
  2. Dennis v. United StatesSupreme Court of the United States · 1966
  3. Palermo v. United StatesSupreme Court of the United States · 1959
  4. United States v. Carlton E. Bryant, United States of America v. William E. TurnerCourt of Appeals for the D.C. Circuit · 1971
  5. Cicenia v. LagaySupreme Court of the United States · 1958

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