U.S. Court of Appeals for the Ninth Circuit, 1970

United States v. William Walter Wanger

U.S. Court of Appeals for the Ninth Circuit · Decided May 8, 1970 · Duniway, Ely, Byrne

426 F.2d 1360; 1970 U.S. App. LEXIS 9349 (Federal Reporter, Second Series)

Counsel

Wesley C. Blake (argued), San Diego, Cal., for appellant., Brian E. Michaels (argued), Asst. U. S. Atty., Harry D. Steward, U. S. Atty., Warren P. Reese, Chief Asst. U. S. Atty., San Diego, Cal., for appellee.

Cases that cite this one

10 later published cases cite this decision.

Commonwealth v. Vasquez (Mass. 2010)
Sereika v. State (Nev. 1998)
St. Pierre v. State (Nev. 1980)
The People of the Territory of Guam v. Jae Hung Yang (9th Cir. 1988)
Jones v. State (Nev. 1985)
Fed. Sec. L. Rep. P 96,233 Paul J. Robinson v. Leonard J. Heilman (9th Cir. 1977)
United States v. John Joseph Powers (9th Cir. 1971)
Jesse Lara Lopez v. United States (9th Cir. 1970)
Everett Lyle Thomas v. United States (9th Cir. 1970)
United States v. Aubrey Kenneth Porter (9th Cir. 1970)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

The judgment of conviction is vacated, and the cause is remanded for a new trial. Wade v. United States, 426 F.2d 64 (9th Cir. Mar. 30, 1970).

The appellant did not forfeit his rights under Wade by failing to object to jury instructions which applied the law as it was firmly established prior to Wade, nor should he be penalized for his attorney’s not having requested jury instructions which, at the time of his trial, would have been inconsistent with the law as it then existed. Compare United States v. Scott, 425 F.2d 55 (9th Cir. Mar. 6, 1970).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.