Opinion

United States v. Maragh

  • 174 F.3d 1202
  • 1999 U.S. App. LEXIS 8575
Court
Court of Appeals for the Eleventh Circuit
Filed
May 6, 1999
Status
Published
Author
Hatchett
On the bench
Hatchett, Barkett, Roney
Cited by
19 cases

Modified on other grounds by United States v. Juliet Maragh, 189 F.3d 1315 (1999)

holding “consent is of paramount importance” in determining the duties the district court could delegate to a magistrate judge

How later courts described this case

  • holding “consent is of paramount importance” in determining the duties the district court could delegate to a magistrate judge
  • remanding the case to the district court for an evidentiary hearing on whether the defendant personally consented to a magistrate judge con- ducting voir dire in a felony criminal proceeding
  • “In order for a magistrate judge to conduct jury voir dire in a felony criminal proceeding, a defendant must give consent, or in other words, a defendant must waive the right to have an Article III judge conduct voir dire.”
  • requiring personal and explicit consent from the defendant

Written by the judges who cited it.

The opinion

HATCHETT, Chief Judge,

dissenting:

I respectfully dissent because I would not remand the case for an evidentiary hearing, but reverse holding that the magistrate judge must obtain the defendant’s consent, on the record, before conducting voir due.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.