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Woratzeck v. Ricketts

United States Court of Appeals, Ninth Circuit
Nov 7, 1988
859 F.2d 1559 (9th Cir. 1988)

Summary

holding that the claim of right defense is unavailable to a defendant who claimed he did not take money by force

Summary of this case from State v. Schaefer

Opinion

No. 85-2367.

November 7, 1988.

James J. Syme, Jr., Glendale, Ariz., for petitioner-appellant.

Crane McClennen, Phoenix, Ariz., for respondents-appellees.

Appeal from the United States District Court for the District of Arizona.

Before WALLACE, FARRIS and BOOCHEVER, Circuit Judges.


The Supreme Court, ___ U.S. ___, 108 S.Ct. 2815, 100 L.Ed.2d 916, has ordered the judgment vacated and remanded the cause to us "for further consideration in light of Maynard v. Cartwright, 486 U.S. ___ [108 S.Ct. 1853, 100 L.Ed.2d 372] (1988)." In compliance with the Supreme Court's mandate, we hereby vacate the district court's judgment and remand for further consideration in light of Maynard.

The district court is advised that Adamson v. Ricketts, 789 F.2d 722 (9th Cir. 1986) (en banc), rev'd, ___ U.S. ___, 107 S.Ct. 2680, 97 L.Ed.2d 1 (1987), is pending before this court en banc. That decision, when filed, should also be considered by the district court.


Summaries of

Woratzeck v. Ricketts

United States Court of Appeals, Ninth Circuit
Nov 7, 1988
859 F.2d 1559 (9th Cir. 1988)

holding that the claim of right defense is unavailable to a defendant who claimed he did not take money by force

Summary of this case from State v. Schaefer
Case details for

Woratzeck v. Ricketts

Case Details

Full title:WILLIAM LYLE WORATZECK, PETITIONER-APPELLANT, v. JAMES R. RICKETTS, AND…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 7, 1988

Citations

859 F.2d 1559 (9th Cir. 1988)

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Woratzeck v. Stewart

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On June 13, 1988, the United States Supreme Court vacated that judgment and remanded the case to the Ninth…