Opinion · Court of Appeals for the Ninth Circuit

Van Akins v. Harold J. Cardwell, Warden, Arizona State Prison

500 F.2d 47

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1974-06-21
Topic
general

OPINION PER CURIAM: In one respect — the rereading of the court’s instruction to the jury at the jury’s request and in the absence of the defendants, the facts of this case are almost a carbon copy of those in Busta-mante v. Eyman, 9 Cir., 1972, 456 F.2d 269 (Bustamante I). In Bastamante, after our remand, a hearing was held at which testimony was received as to what happened when a tape recording of the court’s instructions was played back to the jury. On the basis of that evidence, the trial judge concluded that the presumption of prejudice had been overcome. We have now upheld that decision.

Citator

UpLaw has not yet analyzed Van Akins v. Harold J. Cardwell, Warden, Arizona State Prison. The absence of a flag is not a finding that it is good law.

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11 opinions