UNITED STATES v. HRDLICKA

No. 80-CR-69.

520 F.Supp. 403 (1981)

UNITED STATES of America, Plaintiff, v. Joseph J. HRDLICKA and Donald G. Hrdlicka, Defendants.

United States District Court, W. D. Wisconsin.

May 11, 1981.


Attorney(s) appearing for the Case

John A. Franke, Asst. U. S. Atty., Madison, Wis., for plaintiff.

Gerald C. Nichol, Lee, Johnson, Kilkelly & Nichol, James W. Gardner, Lawton & Cates, Madison, Wis., for defendants.


OPINION AND ORDER

JAMES E. DOYLE, Senior District Judge.

In United States v. Raddatz, 447 U.S. 667, 100 S.Ct. 2406, 65 L.Ed.2d 424 (1980), a United States Magistrate had held an evidentiary hearing on a suppression motion and had recommended findings of fact, the effect of which was to require denial of the motion. Without holding a fresh hearing at which the witnesses testified, the district judge had adopted the recommended...

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