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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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