UNITED STATES v. TURNER

No. 76-3276.

558 F.2d 535 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Brian E. TURNER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 27, 1977.


Attorney(s) appearing for the Case

Howard W. Gillingham, North Hollywood, Cal., argued for defendant-appellant.

William D. Keller, U. S. Atty., Ronald L. Gallant, Asst. U. S. Atty., argued, Los Angeles, Cal., for plaintiff-appellee.

Before HUFSTEDLER, GOODWIN and ANDERSON, Circuit Judges.


HUFSTEDLER, Circuit Judge:

The issue on appeal is whether the district court impermissibly restricted this criminal defendant's exercise of peremptory challenges by treating defense counsel's acceptance of a jury panel as then constituted as a waiver of a peremptory challenge. The effect of the district court's restriction in this case was to deprive the defendant, Turner, of all of his peremptory challenges.

Turner was convicted for a series of offenses growing...

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