United States Court of Appeals for the Ninth Circuit
667 F.2d 1297 (1982)
The United States government (plaintiff) prosecuted Miguel Felix-Jerez (defendant) for escaping from the prison where he was serving his sentence for a prior conviction of entering the United States illegally. Deputy Marshal Larry Hardeman interrogated Felix-Jerez when he was arrested after his escape. Because Felix-Jerez spoke no English and Hardeman spoke no Spanish, Daniel Tolavera acted as their interpreter. Hardeman made notes of his questions and Felix-Jerez's translated answers. The notes implicated Felix-Jerez's guilt. Tolavera never translated the notes into Spanish for Felix-Jerez, and Felix-Jerez never saw or signed the notes to verify their accuracy. At trial, the prosecutor did not ask Hardeman if he could independently recall the interrogation, and there was no evidence to show Hardeman's present recollection of the interrogation was insufficient. Nevertheless, the judge admitted Hardeman's notes, and the notes were read to the jury. The jury convicted Felix-Jerez, and he appealed to the United States Court of Appeals for the Ninth Circuit, arguing Hardeman's notes were an inadmissible hearsay account of the interrogation.
Rule of Law
Holding and Reasoning (Skelton, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.