# United States v. Eneas Lavern Nick

> Court of Appeals for the Ninth Circuit · October 18, 1979 · 604 F.2d 1199

URL: https://www.frixlaw.com/law-library/cases/9466039

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Eneas Lavern NICK, Defendant-Appellant
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** October 18, 1979
- **Citations:** 604 F.2d 1199
- **Precedential status:** Published
- **Opinion:** Concurrence by Carter
- **Judges:** Carter, Hufstedler, Murray, Per Curiam
- **Cited by:** 139 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Declined to follow by State v. Ochoa, 576 So. 2d 854 (1991).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9466039

## How later opinions describe it (automated extraction)

- holding that a three-year-old victim’s statements to his mother within hours of the act of molestation were admissible under the excited utterance exception, Fed. R.Evid. 803(2)
- affirming conviction where doctor was allowed to testify to statements describing the injury under that state’s Rule 803(4), but was required to omit the identity of the assailant
- holding admissible statements, made in response to questioning by his mother, by a three year old who had been sexually assaulted by his babysitter
- holding that three year-old’s statements within hours of molestation were admissible

## Opinion text

JAMES M. CARTER, Circuit Judge,
concurring specially:
I cannot agree that Nick, the appellant, effectively requested counsel. I think the facts show that he did not.
However, assuming that he did request counsel, I am in agreement that Nick knowingly and intentionally waived his right to counsel.
I concur in the affirmance of the conviction.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9466039. Public record. Not legal advice.