First Circuit· 6/5/1996

United States v. Mitchell

Citations

85 F.3d 800
44 Fed. R. Serv. 893
1996 U.S. App. LEXIS 13336
1996 WL 287984

How courts have described this case

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

finding waiver where there was a direct inquiry from the judge on the precise issue and an unequivocal assent from defense counsel
finding waiver where there was a direct inquiry from the judge on the precise issue and an unequivocal assent from defense counsel
noting a defendant can commit waiver by \unequivocal[ly] assent[ing]\ to a \direct inquiry from the court\ about the issue which the defendant claims as error on appeal (quoting United States v. Marder, 48 F.3d 564, 571 (1st Cir. 1995))
\'There can be no appeal from a magistrate's report and recommendation unless objections are filed thereto.'\ (citation omitted)
\A party waives a right when it makes an intentional relinquishment or abandonment of it.\ (citations and internal quotation marks omitted)
counsel’s lack of objection coupled with behavior suggesting assent constituted a waiver

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Coffin, Cyr

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Cited by

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

Cites

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

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