· 12/8/1975
In Re United States of America, United States of America v. Ray Cowan and Jack Jacobsen, Wayne O. Woodruff, Special Prosecutors
Citations
- 524 F.2d 504
- 1975 U.S. App. LEXIS 11588
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the district court abused its discretion in denying the government’s rule 48(a) motion to dismiss where “[n]othing in this record overc[a]me[] the presumption that” the government had sought the dismissal “in good faith”
- stating that the “leave of court” phrase “was intended to modify and condition the absolute power of the Executive, consistently with the Framer’s concept of Separation of Powers, by erecting a check on the abuse of Executive prerogatives”
- \The exercise of [the Executive's] discretion with respect to termination of pending prosecutions should not be disturbed unless clearly contrary to manifest public interests.\
- “The Executive 10 remains the absolute judge of whether a prosecution should be initiated and the first and presumptively the best judge of whether a pending prosecution should be terminated.”
- noting in relation to Federal Rule of Criminal Procedure 48(a
Source: CourtListener parenthetical corpus (CC0).
Judges: Murrah, Brown, Mur-Rah, Wisdom
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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