U.S. v. OLVERA

No. 93-50234.

30 F.3d 1195 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Richard OLVERA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 27, 1994.


Attorney(s) appearing for the Case

Robert L. Swain, Swain & Vance, San Diego, CA, for defendant-appellant.

Alana M. Wong, Asst. U.S. Atty., San Diego, CA, for plaintiff-appellee.

Before: PREGERSON, O'SCANNLAIN, and FERNANDEZ, Circuit Judges.


Opinion by Judge O'SCANNLAIN; Dissent by Judge FERNANDEZ.

O'SCANNLAIN, Circuit Judge:

May a defendant be compelled at trial to recite statements made during a crime?

I

On July 9, 1991, a man wearing a cap and dark sunglasses entered the Security Pacific Bank in San Diego, California and cut in line to approach bank teller Rosa Ybarra. The man told Ybarra, "[w]hy don't you give me your money?" After Ybarra said "[h]uh?," the man said, "[g...

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