finding parties’ dispute concerning defendant’s request for counsel immaterial to issue regarding Sixth Amendment right to counsel where defendant was appointed counsel at arraignment
How later courts described this case
- finding parties’ dispute concerning defendant’s request for counsel immaterial to issue regarding Sixth Amendment right to counsel where defendant was appointed counsel at arraignment
- “[w]henever any party files a timely and specific objection to a finding of fact by a magistrate, the district court has an obligation to conduct a de novo review of the record with respect to that factual issue.”
- criticizing district court’s failure "to accord a de novo review of the magistrate’s factual findings”
Written by the judges who cited it.
The opinion
COX, Circuit Judge,
specially concurring:
I concur in the result.