Pate v. Holman, 1965

File — Folder: 10

Identifier: Folder 10

Staff Only

No. 21,428; 341 F.2d 764, mod. 343 F.2d 546 (1965)

Judge Wisdom circulated a proposed opinion in which Judges Rives and Bell concurred -- Judge Rives not without reservations. Judge Wisdom, in light of Judge Rives' views, redrafted the opinion.

On rehearing, Judge Rives suggested the need for an opinion, and ultimately convinced Judges Bell and Wsidom that one was in order.

Includes TLS of Judge Rives on the merits and the opinion of Judge Wisdom as originally proposed; TL of Judge Wisdom on revision of the opinion; and, TLS of Judge rives on the revised opinion and possible further revision, and on Lyles v. United States, [341 F.2d 917 (1965) or 346 F.2d 789 (1965)].

Also includes TLS (2) of Judge Rives, TL (3) of Judge Wisdom and TLS of Judge Bell on the merits and the opinion to be written on petition for rehearing; TLS of Judge Rives on revision of the opinion on rehearing as appropriate; and, TLS of Judge Frederick G. Hamley (9th Cir.) referring to Pate.