Opinion · Court of Appeals for the Ninth Circuit
United States v. Robert Martinez
United States v. Robert Martinez, 928 F.2d 1470 (9th Cir. 1991)
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1991-04-09
- Topic
- bankruptcy
How later courts describe this case
- reading the entire record to find waiver of the right to testify because counsel and not the court is responsible for the formulation of trial strategy
- reversing the conviction and vacating the previous opinion because jury selection was conducted by a magistrate, rather than a district judge
Citator
UpLaw has not yet analyzed United States v. Robert Martinez. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 93 opinions
ORDER
Jury selection in this case was conducted by a magistrate, rather than a district judge. Accordingly, the conviction is REVERSED. Gomez v. United States, 490 U.S. 858, 109 S.Ct. 2237, 104 L.Ed.2d 923 (1989); United States v. France, 886 F.2d 223 (9th Cir.1989), affirmed without opinion by an equally divided Court, — U.S. —, 111 S.Ct. 805, 112 L.Ed.2d 836 (1991) (per curiam). Our previous opinion in this case, United States v. Martinez, 883 F.2d 750 (9th Cir.1989), is vacated.