Ninth Circuit· 12/24/1987

United States v. James E. Wagner

Citations

834 F.2d 1474
1987 U.S. App. LEXIS 16783
1987 WL 25493

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that victim's alleged attempt to grab a hot water pitcher did not justify defendant's pulling a knife after all danger had passed
explaining that the \customary procedure in this Circuit for challenging the effectiveness of defense counsel” is to go through a collateral proceeding because \usually such a claim cannot be advanced without the development of facts outside the original record”
explaining that the \customary procedure in this Circuit for challenging the effectiveness of defense counsel” is to go through a collateral proceeding because \usually such a claim cannot be advanced without the development of facts outside the original record”
not plain error to fail to give involuntary manslaughter instruction where the evidence is inconsistent with the crime, as defendant pulled own knife and chased other inmate, stabbing him to death
defendant was the aggressor when the victim was unarmed and in retreat

Source: CourtListener parenthetical corpus (CC0).

Judges: Nelson, Hall, Thompson

Read full opinion on CourtListener

Cited by

59 cases in this archive cite this case; the 20 most cited are listed.

Cites

52 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

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