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Positive treatment
Quoted verbatim 1×
31.0 score
“a trial judge is prohibited from relying on his personal experience to support the taking of judicial notice”
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987
2006
2026
Top citers, strongest first. 45 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
United States v. Washington
a trial judge is prohibited from relying on his personal experience to support the taking of judicial notice
discussed
Cited as authority (rule)
United States v. Darrell Neely
Cf. United States v. Lewis, 833 F.2d 1380, 1387 (9th Cir. 1987) (reasoning that “the interview on the second day was [not] a continuation of what had occurred on the previous day” as over 24 hours had elapsed between interviews and “[t]he agents did not refer to the fact that she had made a statement the previous day”).
discussed
Cited as authority (rule)
Dorr v. Hauser
See, e.g., United States v. George, 987 F.2d 1428, 1430-31 (9th Cir. 1993) (defendant’s statements to police were voluntary, even though defendant was in the hospital suffering from apparent drug overdose at time of interview); United States v. Kelley, 953 F.2d 562, 564-66 (9th Cir. 1992) (no police coercion, even though defendant told officers he was on the verge of heroin withdrawal, and he began suffering effects of withdrawal, at time of interview), disapproved of on other grounds by United States v. Kim, 105 F.3d 1579 (9th Cir. 1997); United States v. Lewis, 833 F.2d 1380, 1384 (9th Cir…
cited
Cited as authority (rule)
United States v. Luke Brugnara
United States v. Lewis, 833 F.2d 1380, 1385 (9th Cir. 1987); see also Fed.
discussed
Cited as authority (rule)
United States v. Costa
In United States v. Lewis, 833 F.2d 1380, 1386-87 (9th Cir. 1987), the Ninth Circuit discussed a trial court’s responsibilities in determining the admissibility of a defendant’s statement given after the Miranda warning.
cited
Cited as authority (rule)
Alstom Caribe, Inc. v. Geo. P. Reintjes Co.
Id. at 1380 (emphasis supplied); see In re Nat’l Mass Media Telecomm.
discussed
Cited as authority (rule)
United States v. 191.07 Acres of Land, and Milan Martinek
(2×)
Cf. United States v. Bonas, 344 F.3d 945, 948-49 (9th Cir.2003); Lillie v. United States, 953 F.2d 1188, 1190-92 (10th Cir.1992); United States v. Lewis, 833 F.2d 1380, 1385-86 (9th Cir.1987).
cited
Cited as authority (rule)
United States v. Martinek
Cf. United States v. Bonas, 344 F.3d 945, 948-49 (9th Cir. 2003); Lillie v. United States, 953 F.2d 1188, 1190-92 (10th Cir. 1992); United States v. Lewis, 833 F.2d 1380, 1385-86 (9th Cir. 1987).
discussed
Cited as authority (rule)
Crawford v. State
See also Escambia County v. McMillan, 466 U.S. 48, 51 , 104 S.Ct. 1577, 1579 , 80 L.Ed.2d 36 (1984), where the United States Supreme Court declared, "It is a well established principle governing the prudent exercise of this Court's jurisdiction that normally the Court will not decide a constitutional question if there is some other ground upon which to dispose of the case." 8 . 386 U.S. 707, 710 , 87 S.Cl. 1338, 1340, 18 L.Ed.2d 423 (1967). 9 . 384 U.S. 436, 494-96 , 86 S.Ct. 1602, 1638-39 , 16 L.Ed.2d 694 (1966). 10 . 386 U.S. at 710-11 , 87 S.Ct. at 1340 . 11 .Accord, United States v. Robins…
discussed
Cited as authority (rule)
United States v. Jean M. Bertling
Ms. Bertling relies on United States v. Lewis, 833 F.2d 1380, 1384-86 (9th Cir.1987), which held that a trial judge erred in relying on his personal experience with anesthesia to decide that a defendant’s statement given after anesthesia was not voluntary.
discussed
Cited as authority (rule)
United States v. Jean Bertling
Ms. Bertling relies on United States v. Lewis, 833 F.2d 1380, 1384-86 (9th Cir. 1987), which held that a trial judge erred in relying on his personal experience with anesthesia to decide that a defendant's statement given after -3- anesthesia was not voluntary.
discussed
Cited as authority (rule)
Oliverio Martinez v. City of Oxnard Oxnard Police Department Art Lopez, Chief Maria Pena Andrew Salinas Ron Zavala, and Ben Chavez
The statements at issue were thus the result of virtually continuous questioning of a seriously and painfully wounded man on the edge of consciousness. 437 U.S. 385, 401 , 98 S.Ct. 2408 , 57 L.Ed.2d 290 (1978); but cf. United States v. George, 987 F.2d 1428, 1430-31 (9th Cir.1993) (holding that interrogation in the hospital of a coherent suspect who has received Miranda warnings is not unconstitutional); United States v. Lewis, 833 F.2d 1380, 1384 (9th Cir.1987) (holding voluntary a statement elicited from a suspect just after she returned from surgery and emerged from the effects of general a…
cited
Cited as authority (rule)
Switzer v. Coan
United States v. Lewis, 833 F.2d 1380, 1385-86 (9th Cir.1987); United States v. Sorrells, 714 F.2d 1522 , 1527 n. 6 (11th Cir.1983); Virgin Islands v. Gereau, 523 F.2d 140, 147-48 (3d Cir.1975).
discussed
Cited as authority (rule)
William Lee Shackleford v. Susan Hubbard, Warden
The fact that a suspect is under the influence of drugs or medication is irrelevant if the suspect’s statement was “the product of a rational intellect and a free will.” Mincey v. Arizona, 437 U.S. 385, 398 , 98 S.Ct. 2408 , 57 L.Ed.2d 290 (1978) (quoting Townsend v. Sain, 372 U.S. 293, 307 , 83 S.Ct. 745 , 9 L.Ed.2d 770 (1963)); see also United States v. George, 987 F.2d 1428, 1430-31 (9th Cir.1993); United States v. Lewis, 833 F.2d 1380, 1884-85 (9th Cir.1987); United States v. Martin, 781 F.2d 671, 673-74 (9th Cir.1985); cf. Mincey, 437 U.S. at 396-402 , 98 S.Ct. 2408 (holding that an…
examined
Cited as authority (rule)
United States v. Campos
(3×)
also: Cited "see"
See United States v. Washington, 46 MJ 477, 481-82 (1997); United States v. Lewis, 833 F.2d 1380, 1386-88 (9th Cir.1987).
cited
Cited as authority (rule)
47 Fed. R. Evid. Serv. 8, 97 Cal. Daily Op. Serv. 2815, 97 Daily Journal D.A.R. 4956 Leonel Antonio Mejia-Paiz v. Immigration and Naturalization Service
U.S. v. Lewis, 833 F.2d 1380, 1385 (9th Cir.1987).
cited
Cited as authority (rule)
Mejia-Paiz v. Immigration & Naturalization Service
U.S. v. Lewis, 833 F.2d 1380, 1385 (9th Cir.1987).
discussed
Cited as authority (rule)
United States v. Jonathan Paries, United States of America v. Romal Daron Hunter, Aka: Romal Hunter
The Supreme Court has 19 declined to treat the failure to admonish a defendant of his right to counsel during interrogation and his right to remain silent as the equivalent of actual coercion which would taint and render inadmissible a subsequent voluntary statement made after a proper warning and waiver. 20 United States v. Lewis, 833 F.2d 1380, 1386 (9th Cir.1987), citing Oregon v. Elstad, 470 U.S. 298, 318 (1985). 21 To be truly coerced Hunter's statement to Bowman had to be more than "merely technically involuntary for having preceded Miranda warnings," United States v. Jenkins, 938 F.2d 9…
discussed
Cited as authority (rule)
Halberg v. State
Accord United States v. Robinson, 20 F.3d 320, 322 (8th Cir.1994); Holland v. McGinnis, 963 F.2d 1044, 1050 (7th Cir.1992); United States v. Anderson, 929 F.2d 96, 99 (2nd Cir.1991); United States v. Lewis, 833 F.2d 1380, 1384 (9th Cir.1987).
discussed
Cited as authority (rule)
Arnett v. Lewis
U.S. v. Kelley, 953 F.2d 562, 565 (9th Cir.1992) (defendant undergoing custodial questioning while entering the initial phases of a heroin withdrawal remained coherent and responsive and, therefore, statements were voluntary); United States v. Lewis, 833 F.2d 1380, 1384-85 (9th Cir.1987) (statements voluntary where defendant was alert and responsive despite being in the hospital under a general anesthetic); United States v. Martin, 781 F.2d 671, 674 (9th Cir.1985) (statement voluntary where defendant was not unconscious or comatose and engaged in coherent and continuous conversation even thoug…
discussed
Cited as authority (rule)
United States v. Granados
The defendant expressly waived his rights and said he wanted to talk with the officer. 2 In arguing that his statement was involuntary, the defendant singles out the fact that because of cuts to his head and hand he was in pain and being treated at the hospital when Trooper Keesling advised him of his Miranda rights and proceeded to question him. -“[A] defendant can voluntarily waive his Miranda rights even when he is in the hospital, on medication, and in pain.” United States v. George, 987 F.2d 1428, 1430 (9th Cir.1993) (citing United States v. Lewis, 833 F.2d 1380, 1384-85 (9th Cir.1987…
discussed
Cited as authority (rule)
United States v. Martins George
(2×)
also: Cited "see"
United States v. Lewis, 833 F.2d 1380, 1384 (9th Cir.1987).
discussed
Cited as authority (rule)
Lynn v. Lynn
(2×)
The court made an assumption that the payment would be at least $1,200 per month and that the lender would require appellant to have an income of $3,500 to $4,000 per month to make the loan. [20] Thus, the trial court substituted for evidence facts which it claimed to know as a personal observer, and "a trial judge is prohibited from relying on his personal experience to support the taking of judicial notice." United States v. Lewis, 833 F.2d 1380, 1385 (9th Cir.1987). [21] At the same time, the trial court rejected without explanation the uncontradicted evidence that the standard practice for…
cited
Cited as authority (rule)
United States v. Sherman C. Smith
United States v. Lewis, 833 F.2d 1380, 1382 (9th Cir.1987).
discussed
Cited as authority (rule)
Homer L. Brand v. United States
See Munsingwear, 340 U.S. at 39 ; Fultz v. Rose, 833 F.2d 1380, 1380 (9th Cir.1987) (dismissing appeal as moot because third-party purchasers of disputed property were not parties to the action); Holloway, 789 F.2d at 1373-74 . 7 DISMISSED as MOOT. * The panel unanimously finds this case suitable for decision without oral argument.
cited
Cited as authority (rule)
United States v. Hector Ricano-Gavino, AKA Carlos Andrade-Ramirez
United States v. Layton, 855 F.2d 1388, 1409 (9th Cir.1988); United States v. Lewis, 833 F.2d 1380, 1384 (9th Cir.1987).
cited
Cited as authority (rule)
United States v. Jessie Lee Turner
United States v. Lewis, 833 F.2d 1380, 1384 (9th Cir.1987).
cited
Cited as authority (rule)
United States v. Nelson Guzman
United States v. Lewis, 833 F.2d 1380, 1382 (9th Cir.1987).
discussed
Cited "see"
Schoenmann
Cal. Nov. 15, 2017), aff’d, 749 F. App’x 607 (9th Cir. 2019) (collecting cases); see 11 also Fultz v. Rose, 833 F.2d 1380, 1380 (9th Cir. 1987) (dismissing an appeal as moot when 12 appellees sold the property in dispute to a non-party, in compliance with an earlier court order, 13 rendering the Ninth Circuit “no longer able to grant any effective relief from that order or to reach 14 the merits of this appeal”). 15 “Abandonment, once accomplished, is irrevocable.” Matter of Enriquez, 22 B.R. 934 , 935 16 (Bankr.
cited
Cited "see"
United States v. Stanley Zurn
See Fultz v. Rose, 833 F.2d 1380, 1380 (9th Cir.1987); Holloway v. United States, 789 F.2d 1372, 1373-74 (9th Cir.1986).
discussed
Cited "see"
Tiffany & O'Shea, LLC ex rel. Estate of Schrag v. Schrag (In re Schrag)
See United States v. Lewis, 833 F.2d 1380, 1386 (9th Cir.1987) (court’s "reliance on ... facts known to [judge] from his personal experience[ ] denied the government the opportunity to test the basis for the court’s opinion”). .
cited
Cited "see"
United States v. Berber-Tinoco
See United States v. Lewis, 833 F.2d 1380, 1385 (9th Cir.1987) (citing Fed.
cited
Cited "see"
United States v. Berber-Tinoco
See United States v. Lewis, 833 F.2d 1380, 1385 (9th Cir. 1987) (citing FED.
cited
Cited "see"
United States v. Abel Aguirre Mariscal
See United States v. Lewis, 833 F.2d 1380, 1385 (9th Cir.1987). 4 .
discussed
Cited "see"
National Mass Media Telecommunication Systems, Inc. v. Stanley (In re National Mass Media Telecommunication Systems, Inc.)
See Fultz v. Rose, 833 F.2d 1380, 1380 (9th Cir.1987) (Because the purchasers “are not parties to this action, we are no longer able to grant any effective relief from that order or to reach the merits of this appeal.”) (private sale in compliance with a court order); Holloway v. United States, 789 F.2d 1372, 1374 (9th Cir.1986) (“Because the property has been sold and the purchaser of the property was not made a party to this proceeding and because we cannot grant effective relief in his or her absence, this appeal is dismissed.”) (IRS sale).
discussed
Cited "see"
98 Cal. Daily Op. Serv. 6473, 98 Daily Journal D.A.R. 8983, 2 Cal. Bankr. Ct. Rep. 47 in Re National Mass Media Telecommunication Systems, Inc., Debtor. National Mass Media Telecommunication Systems, Inc. v. Linda Ekstrom Stanley, Trustee-Appellee
See Fultz v. Rose, 833 F.2d 1380, 1380 (9th Cir.1987) (Because the purchasers "are not parties to this action, we are no longer able to grant any effective relief from that order or to reach the merits of this appeal.") (private sale in compliance with a court order); Holloway v. United States, 789 F.2d 1372, 1374 (9th Cir.1986) ("Because the property has been sold and the purchaser of the property was not made a party to this proceeding and because we cannot grant effective relief in his or her absence, this appeal is dismissed.") (IRS sale). 12 Because constitutional mootness focuses only on…
cited
Cited "see"
United States v. Singleton
See United States v. Lewis, 833 F.2d 1380, 1388 (9th Cir.1987).
discussed
Cited "see"
Curtis v. United States
(2×)
See United States v. Lewis, 833 F.2d 1380, 1385 (9th Cir.1987).
discussed
Cited "see"
United States v. Harvieux. United States v. Babian
See United States v. Lewis, 833 F.2d 1380, 1388 (9th Cir.1987). 14 AFFIRMED. * This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3 1 Initially, the government questions whether this claim is properly before us.
discussed
Cited "see, e.g."
Estrada-Lopez (Julio) Vs. State
See Richard v. State, 134 Nev. 518 , 527, 424 P.3d 626, 633 (2018) (finding unavailing a defendant's "attempts to rely on the circumstances of his injury and medical treatment to undermine the validity of his Miranda waiver and statemene where he was responsive and alert while speaking to a detective); Stewart v. State, 92 Nev. 168, 170-71 , 547 P.2d 320, 321 (1976) (reiterating that "mere intoxication will not preclude the admission of a defendant's statements unless it is shown that the intoxication was so severe as to prevent the defendant from understanding his statements or his righte); s…
discussed
Cited "see, e.g."
United States v. Mason
United States v. George, 987 F.2d 1428, 1430 (9th Cir.1993) (holding waiver voluntary when defendant was suffering from an apparent drug overdose in the emergency room); see also United States v. Lewis, 833 F.2d 1380, 1384-84 (9th Cir.1987) (holding waiver voluntary when defendant was in pain from recent surgery and had recently received a general anesthetic).
discussed
Cited "see, e.g."
United States v. Gay Sanford Washington
(2×)
See also United States v. Lewis, 833 F.2d 1380, 1385 (9th Cir.1987) (“a trial judge is prohibited from relying on his personal experience to support the taking of judicial notice”) (citing 9 J.
discussed
Cited "see, e.g."
Stanley Williams v. Jeanne S. Woodford, Warden, California State Prison, San Quentin
See Mattison, 437 F.2d at 85 (the coercion of the witness’s illegal post-arrest interrogation had dissipated by the time of trial); see also United States v. Lewis, 833 F.2d 1380, 1387-88 (9th Cir.1987) (any illegality in the first interrogation of the defendant following surgery did not taint her confession given 24 hours later).
discussed
Cited "see, e.g."
Stanley Williams v. Jeanne Woodford, Warden, California State Prison, San Quentin
See Mattison, 437 F.2d at 85 (the coercion of the witness’s illegal post-arrest interrogation had dissipated by the time of trial); see also United States v. Lems, 833 F.2d 1380, 1387-88 (9th Cir.1987) (any illegality in the first interrogation of the defendant following surgery did not taint her confession given 24 hours later).
cited
Cited "see, e.g."
William Edward Lambert v. Manfred F. Maass
See also United States v. Lewis, 833 F.2d 1380, 1384 (9th Cir.1987). 25 The trial court did not err in finding that Lambert voluntarily waived his Miranda rights.
Retrieving the full opinion text from the archive…
Susan T. Fultz, AKA Susan Fultz-Small
v.
Mason H. Rose, V
v.
Mason H. Rose, V
18-16465.
Court of Appeals for the Ninth Circuit.
Dec 11, 1987.
Published
Susan T. FULTZ, aka Susan Fultz-Small, Plaintiff-Appellee,
v.
Mason H. ROSE, V, Defendant-Appellant.
No. 86-5829.
United States Court of Appeals,
Ninth Circuit.
Argued and Submitted Nov. 6, 1987.
Decided Dec. 11, 1987.
James A. Beckwith, Wheat Ridge, Colo., for plaintiff-appellee.
James M. Weinberg, Los Angeles, Cal., for defendant-appellant.
Appeal from the United States District Court for the Central District of California.
Before ALARCON, NELSON and REINHARDT, Circuit Judges.
ORDER
[*~1380]1
The appeal in the above captioned action is hereby DISMISSED as moot. An appeal must be dismissed as moot when intervening events that do not involve wrongful conduct by the appellee leave the appellate court unable to grant effective relief. In re Combined Metals Reduction Co., 557 F.2d 179, 187 (9th Cir.1977). Fultz sold the Rose property to Mr. and Mrs. Hawkins in compliance with the district court's March 7, 1986 order. Because Mr. and Mrs. Hawkins are not parties to this action, we are no longer able to grant any effective relief from that order or to reach the merits of this appeal.
[*~1388]2
In accordance with the Supreme Court's guidance in United States v. Munsingwear, 340 U.S. 36, 39, 71 S.Ct. 104, 106, 95 L.Ed. 36 (1950), we dismiss this appeal and vacate the district court's order entered March 7, 1986. Vacation of the March 7 order shall not operate retroactively and shall have no legal effect on actions or conduct already undertaken in reliance on or under the authority of that order.