Opinion

United States v. Ronald Thomas Bohle

  • 445 F.2d 54
  • 1971 U.S. App. LEXIS 9877
Court
Court of Appeals for the Seventh Circuit
Filed
Jun 2, 1971
Status
Published
Author
Enoch
On the bench
Cummings, Enoch, Pell
Cited by
133 cases

Overruled on other grounds by United States v. Darrell Eugene Lawson, 653 F.2d 299 (1981)

explaining that “where the fact of improper venue is apparent on the face of the indictment, it has been uniformly held that the objection is waived if not presented before the close of the Government’s case” (citing Wright’s Federal Practice & Procedure: Criminal § 306)

How later courts described this case

  • explaining that “where the fact of improper venue is apparent on the face of the indictment, it has been uniformly held that the objection is waived if not presented before the close of the Government’s case” (citing Wright’s Federal Practice & Procedure: Criminal § 306)
  • holding that "federal courts have the inherent power to order a defendant to submit to and cooperate with examination by a Government psychiatrist where the defendant’s insanity has been made an issue in the case”
  • explaining that to seize a plane with a “wrongful intent” means to act with “the general criminal intent present when one seizes or exercises control of an aircraft without having any legal right to do so.”
  • concluding that the district court did not abuse its discretion when it compelled the defendant to submit to a government psychiatrist’s evaluation

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by United States v. Darrell Eugene Lawson, 653 F.2d 299 (1981)

    United States v. Clark , 728 F.3d 622, 623 (7th Cir. 2013) ; see also United States v. Bohle , 445 F.2d 54, 59 (7th Cir. 1971) ("An Indictment alleges proper venue when it alleges facts which, if proven, would sustain venue."), overruled on other grounds by United States v. Lawson , 653 F.2d 299 (7th Cir. 1981).
    Court of Appeals for the Seventh CircuitJul 9, 198120 citing opinionsother groundsRead it

The opinion

ENOCH, Senior Circuit Judge

(dissenting) .

I agree that the procedures dictated in the majority opinion would constitute the better practice. I agree with Judge Pell on the issue of the diagnostic opinions contained in the medical records.

Nevertheless, in the context of the entire trial, the errors noted in Judge Pell’s scholarly opinion seem to me not to attain to the gravity of reversible error. Regretfully I dissent from my colleagues’ view. I would affirm the judgment of the District Court.

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.

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