United States v. Joseph Patrick Long

Good Law
455 F.2d 962·1972 U.S. App. LEXIS 11289
United States Court of Appeals for the Ninth CircuitFebruary 15, 197271-2593California337 words

Opinion

Opinion

Appellant was tried and found guilty of transporting marihuana in violation of 21 U.S.C. § 176a. We affirm.

Appellant objects to the admission of various conversations between himself and a government witness who had loaned him the car in which the transportation took place. He bases his contention on the district court’s Local Rule 42, set forth in the margin, that requires the government attorney to furnish defense counsel, at least fifteen days before trial, with “all written or oral confessions, admissions or statements of the Defendant which the Government intends to use during the course of the trial.”

Read as a whole, the rule was plainly intended to cover only those types of statements that are generally subject to court hearings prior to admission at trial. We conclude, as did the district court, that the rule is inapplicable to statements made by the defendant to witnesses other than law enforcement personnel or their agents.

Affirmed.

. Local Rule 42, United States District Court for the District of Arizona, provides as follows: “Unless otherwise ordered the United States Attorney at least fifteen days prior to trial, shall give written notice to the Defendant…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.