Paddock v. United States
Decision Date | 23 July 1963 |
Docket Number | No. 17978.,17978. |
Citation | 320 F.2d 624 |
Parties | Patrick B. PADDOCK, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Ninth Circuit |
Maurice D. L. Fuller, Jr., San Francisco, Cal., for appellant.
C. A. Muecke, U. S. Atty., Tom Karas, Asst. Atty. Gen., Phoenix, Ariz., for appellee.
Before BARNES, MERRILL and BROWNING, Circuit Judges.
This is an appeal (28 U.S.C. § 1291) from a sentence for bank robbery imposed on appellant after he was found guilty of such crime (18 U.S.C. § 2113(a)) by jury verdict.
We adopt, with slight additions, the statement of fact set forth by appellee.
On this statement of facts, undisputed by appellant, he urges upon us that the government's case is weak, particularly as to the identification of the defendant. We find no weakness in such evidence, either with respect to its proof of guilt, or with respect to the identification of appellant as the wrong-doer.
Because of this alleged "weakness," urges appellant, the other "error" complained of attains a higher status and is "more prejudicial" to the appellant.
This "other error" is that the trial judge impugned the motive and conduct of appellant's trial counsel1 "in the hearing of the jury."
The simple answer is that what the trial court said, to which appellant objects, was said outside the presence of the jury, while respective counsel, the court clerk and the appellant were "at the bench." (Tr. p. 847, line 14, et seq.) The trial judge specifically asked the questions and made the statements objected to after ruling in appellant's favor and asking appellant's counsel not to leave the bench. (Tr. p. 848, line 25.) After a further discussion, the record shows "the following proceedings were resumed in open court." (Tr. p. 849, line 17.) The question asked by appellant's counsel on cross-examination of the witness,2 to which objection had originally been made, and to which the court permitted an answer, was then asked by the court of the witness. It was a question which ordinarily would not be permitted.3 It was, in the court's discretion exercised in favor of appellant, permitted upon the theory of establishing the motive and credibility of the witness.
While appellant's counsel agrees that the record clearly shows all the so-called objectionable statements took place outside the hearing of the jury, it is urged that this may not be true, because defense counsel in moving for a mistrial stated (and in so doing misstated the record) that the court made the remark "upon counsel returning to counsel table," and that it was "heard by the jury," (Tr. p. 889) and that the court did not deny the factual situation described by appellant's trial counsel....
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...of the case presented together with the result of the trial, was clearly prejudicial to the rights of the party." Paddock v. United States, 320 F.2d 624, 627 (9th Cir. 1963) (quoting Newman v. United States, 28 F.2d 681, 683 (9th Cir. 1928)). It is clear from this record that the comments b......
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United States v. Davis, No. 431-70.
...United States, 395 F.2d 976, 983 (5th Cir. 1968); Johnson v. United States, 356 F.2d 680, 683 (8th Cir. 1966); cf. Paddock v. United States, 320 F.2d 624, 627 (9th Cir. 1963). When counsel is so unnerved that he cannot "devote his best talents to the defense of his client, then this is grou......
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...could not keep the jury from exercising an impartial judgment on the merits, and do not warrant a reversal. Paddock v. United States, 320 F.2d 624 (9th Cir. 1963). The remarks and rulings objected to, made in the presence of the jury, in context with other questions by counsel and rulings o......
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...A judicial reprimand, even if unwarranted, is no basis for reversal if it is made outside the hearing of the jury. Paddock v. United States, 320 F.2d 624 (9 Cir. 1963); Harris v. United States, 367 F.2d 633 (1 Cir. 1966). The statements made in the presence of the jury were no more than rou......