United States v. Kenneth Mattison, 437 F.2d 84 (9th Cir. 1970). · Go Syfert
United States v. Kenneth Mattison, 437 F.2d 84 (9th Cir. 1970). Cases Citing This Book View Copy Cite
33 citation events (28 in the last 25 years) across 3 distinct courts.
Strongest positive: (HC) Mitchell v. Pfeiffer (caed, 2020-07-24)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) (HC) Mitchell v. Pfeiffer
E.D. Cal. · 2020 · confidence medium
See Randolph, 11 380 F.3d at 1148 ; Williams v. Woodford, 384 F.3d 567, 596 (9th Cir. 2004) (citing United States 12 v. Mattison, 437 F.2d 84, 85 (9th Cir. 1970)) (noting that there is no violation of due process 13 when a witness who previously was illegally interrogated is “subject to cross-examination at trial 14 through which the jury could assess the witness’s credibility”).
discussed Cited as authority (rule) Nasrichampang v. Woodford
9th Cir. · 2008 · confidence medium
There is no violation of due process when a witness who previously was illegally interrogated is “subject to cross-examination at trial through which the jury could assess the witness’s credibility.” Williams v. Woodford, 384 F.3d 567, 596 (9th Cir.2004) (citing United States v. Mattison, 437 F.2d 84, 85 (9th Cir.1970)).
cited Cited as authority (rule) Allen v. Stratton
C.D. Cal. · 2006 · confidence medium
Douglas, 316 F.3d at 1092-93 ; United States v. Mattison, 437 F.2d 84, 85 (9th Cir.1970) (per curiam).
cited Cited as authority (rule) Allen v. Stratton
C.D. Cal. · 2006 · confidence medium
Douglas, 316 F.3d at 1092-93 ; United States v. Mattison, 437 F.2d 84, 85 (9th Cir.1970) (per curiam).
discussed Cited as authority (rule) Fred Berre Douglas v. Jeanne S. Woodford, Warden, of Rswl California State Prison at San Quentin (2×) also: Cited "see"
9th Cir. · 2003 · confidence medium
See Clanton v. Cooper, 129 F.3d 1147, 1157-58 (10th Cir.1997); United States v. Mattison, 437 F.2d 84, 85 (9th Cir.1970).
discussed Cited as authority (rule) Ronnie Monroe Howie v. Robert G. Borg, Warden (2×) also: Cited "see"
9th Cir. · 1993 · confidence medium
United States v. Mattison, 437 F.2d 84, 85 (9th Cir.1970).
examined Cited "see" Stanley Williams v. Jeanne S. Woodford, Warden, California State Prison, San Quentin (5×)
9th Cir. · 2004 · signal: see · confidence high
See id.
examined Cited "see" Stanley Williams v. Jeanne Woodford, Warden, California State Prison, San Quentin (5×)
9th Cir. · 2002 · signal: see · confidence high
See id.
cited Cited "see" Williams v. Calderon
C.D. Cal. · 1998 · signal: see · confidence high
See United States v. Mattison, 437 F.2d 84, 85 (9th Cir.1970).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Kenneth MATTISON, Defendant-Appellant
25496.
Court of Appeals for the Ninth Circuit.
Dec 21, 1970.
437 F.2d 84
Roy W. Paul (argued), San Diego, Cal., for defendant-appellant., Brian E. Michaels (argued), Asst. U. S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.
Hamley, Duniway, Levin.
Cited by 9 opinions  |  Published
PER CURIAM:

Mattison was found guilty by a jury of conspiracy to smuggle aliens in violation of 18 U.S.C. § 371 and 8 U.S.C. § 1324. We affirm.

Mattison’s sole contention is that the trial court should have granted his motion to strike the testimony of prosecution witness Aguayo-Esquivivas on the ground that it was tainted by prior, out-of-court coercion. Aguayo was one of three Mexican aliens found in the trunk of Mattison’s car when it was driven by one Wazal into the United States from Mexico. It is conceded that Aguayo’s post-arrest statements were obtained in violation of his privilege against self-incrimination and right to counsel and therefore could not have been[*85] used against him. But Aguayo was not charged with an offense. Instead he was “farmed-out” pursuant to the district court’s General Order No. 85, which permits alien material witnesses to be employed as farm laborers pending trial and to assign fifty percent of their wages as security for performance of the conditions of a $2,000 personal appearance bond.

At the trial Aguayo identified Matti-son as the one who put him in the trunk of the ear and as the one to whom money was to be paid. On cross-examination Aguayo admitted that he had made prior inconsistent statements but steadfastly insisted that his in-court testimony was the truth. Aguayo further admitted that he had been interrogated without being warned of his rights and without counsel present and that half of his farm wages were being withheld pending his appearance at the trial.

Mattison concedes that he lacks standing to complain about the violation of Aguayo’s constitutional rights. See Alderman v. United States, 1969, 394 U.S. 165, 171-176, 89 S.Ct. 961, 22 L.Ed.2d 176; Byrd v. Comstock, 9 Cir., 1970, 430 F.2d 937. He argues, however, that Aguayo’s testimony was so tainted by the psychologically coercive nature of his illegal interrogation and the withholding of his wages as to render its admission violative of due process. The record does not support such a claim. None of Aguayo’s statements obtained at his illegal interrogation were introduced at trial. By the time of trial, the psychologically coercive atmosphere of that interrogation must surely have dissipated. There is no indication that Aguayo was told at any time by anyone what he should say on the witness stand.. His identification of Mattison was made in open court, subject to cross-examination, where the jury could observe his demeanor and gauge his credibility. The withholding of half of Aguayo’s wages amounts, in substance, to the posting of an appearance bond by a material witness, a form of compelling testimony which is well recognized. There is no indication that Aguayo believed that he was required to identify Matti-son in order to get his money. Under the circumstances, the trial court properly ruled that Aguayo’s testimony could go to the jury with whatever weight they were willing to accord it. Cf. Long v. United States, 1966, 124 U.S.App.D.C. 14, 360 F.2d 829, 833-834.

Affirmed.