United States v. W. R. Walters, United States of America v. Two Hundred Sixty-Two Firearms
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The Ninth Circuit rejected Walters's rule that failure to object to a magistrate judge's recommendation bars appeal on legal issues. Later Sixth Circuit opinions continued to apply Walters; most other citing opinions applied its notice rule or described disagreements between circuits.
76 later cases cite United States v. W. R. Walters, United States of America v. Two Hundred Sixty-Two Firearms; 76 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on United States v. W. R. Walters, United States of America v. Two Hundred Sixty-Two Firearms?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Declined to follow
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The Ninth Circuit rejected Walters's absolute-waiver approach and held that failure to object does not bar appeal on a magistrate judge's legal conclusions.
Britt v. Simi Valley Unified School District · Ninth Circuit · filed
We disagree with the Sixth Circuit's conclusion that a rule of absolute waiver of appeal is necessary to achieve Congress' goal of reducing the workload of district court judges. See Walters, 638 F.2d at 949-50.
Read the full opinion on CourtListener →
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