United States v. Darrell Shea, 445 F.2d 856 (9th Cir. 1971). · Go Syfert
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United States v. Darrell Shea, 445 F.2d 856 (9th Cir. 1971). Cases Citing This Book View Copy Cite
15 citation events across 4 distinct courts.
Strongest positive: United States of America Ex Rel. Jose Mario Martinez v. Noah L. Alldredge (ca3, 1972-10-17)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "see" United States of America Ex Rel. Jose Mario Martinez v. Noah L. Alldredge
3rd Cir. · 1972 · signal: see · confidence high
See, Ellhamer v. Wilson, 445 F.2d 856 (9th Cir. 1971), cert. den. sub nom., Hinnington v. Department of Corrections, 405 U.S. 997 , 92 S.Ct. 1258 , 31 L.Ed.2d 466 (1972); Bearden v. South Carolina, 443 F.2d 1090 (4th Cir. 1971), cert. granted sub nom., Midgett v. Slayton, 405 U.S. 916 , 92 S.Ct. 965 , 30 L.Ed.2d 785 , cert. dis., 405 U.S. 972 , 92 S.Ct. 1199 , 31 L.Ed.2d 256 (1972); Heezen v. Daggett, 442 F.2d 1002 (8th Cir. 1971); Woods v. Texas, 440 F.2d 1347 (5th Cir. 1971); Hyser v. Reed, 115 U.S.App.D.C. 254 , 318 F.2d 225 , cert. den. sub nom., Thompson v. United States Board of Parole, …
cited Cited "see" Byron Milton Wilburn v. Warden L. S. Nelson
9th Cir. · 1972 · signal: see · confidence high
See Ellhamer v. Wilson, 445 F.2d 856 (9th Cir. 1971), and cases cited there.
cited Cited "see, e.g." Troy Cooper v. C. J. Fitzharris
9th Cir. · 1978 · signal: see also · confidence low
See also United States v. Shea, 436 F.2d 740, 743 (9th Cir. 1970), following remand, 445 F.2d 856 (9th Cir. 1971); Speer v. United States, 388 F.2d 110 (9th Cir. 1968).
cited Cited "see, e.g." William F. McKnight v. Howard M. Comstock, Supt. S.C.C., Henry W. Kerr, Chrm. Adult Auth.
9th Cir. · 1971 · signal: see also · confidence low
See also Ellhamer v. Wilson, 9 Cir., 1971, 445 F.2d 856 (July 7, 1971), reversing a district court decision on which McKnight relies.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Darrell SHEA, Appellant
22852.
Court of Appeals for the Ninth Circuit.
Jul 7, 1971.
445 F.2d 856
Paul A. Renne (argued), San Francisco, Cal., R. Edward Brown, Sherman Oaks, Cal., for appellant., Robert L. Meyer, U. S. Atty., Elgin Edwards, Asst. U. S. Atty., Los Angeles, Cal., for appellee.
Barnes, Hamley, Kilkenny, Per Curiam.
Published

Supplemental Opinion

PER CURIAM:

Previously, we remanded this case to the district court with instructions to hold a hearing on the existing record in order to determine whether the defense’s failure to cross-examine a prosecution witness was harmless. United States v. Shea, 436 F.2d 740, 743 (9th Cir. 1970).

Upon remand, the district judge considered the memoranda of counsel and all the files and records in the cause and then entered findings of fact and conclusions of law determining that the failure of appellant’s counsel to cross-examine the witness was completely harmless. He found that the witness was thoroughly cross-examined by the attorneys for appellant’s co-defendant and that further questioning by appellant’s attorney might only have brought out other evidence detrimental to appellant. By avoiding cross-examination, the court found, appellant’s attorney limited the testimony of the witness against his client to the bare statement that appellant had been sent to Rio de Janeiro, which fact had been independently established by other evidence.

Based upon its findings, the court concluded that cross-examination was unnecessary and that, even if the failure to cross-examine did constitute error, such error did not affect appellant’s substantial rights and was, therefore, harmless under Rule 52(a), F.R.Crim.P. We agree.

The judgment of conviction is affirmed.