United States Ninth Circuit

On remand from the Supreme Court, denial of habeas relief for petitioner, convicted of witness tampering after a magistrate judge was allowed to preside over closing arguments, is affirmed where: 1) defense counsel may waive the defendant's right to have an Article III judge preside over closing argument without the defendant's express, personal consent where the decision is one of trial tactics or legal strategy; and 2) closing argument clearly bears a relation to specified duties magistrate judges are statutorily authorized to perform.

Appellate Information

• Decided 08/28/2008
• Published 08/28/2008

Judges

• MILAN D. SMITH, JR., Circuit Judge:, Before:  ALFRED T. GOODWIN, RAYMOND C. FISHER, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Daniel R. Wilson, Measure, Robbin & Wilson, P.C., Kalispell, MT, for the defendant-appellant., Joshua S. Van de Wetering, Assistant United States Attorney, Missoula, MT, for the plaintiff-appellee.