Third Circuit· 7/18/1989
United States v. David D. Schoolcraft
Citations
- 879 F.2d 64
- 1989 WL 66566
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the proper standard of review for vindictive prosecution is unsettled in the Ninth Circuit
- agreeing with other federal courts of appeals that the episodes approach “simply require[s] that the criminal episodes be distinct in time”
- “There is no prosecutorial vindictiveness ... where the prosecutor’s decision to prosecute is based on the usual determinative factors.”
- prosecution by a different sovereign tends to negate a vindictive prosecution claim
- setting forth the elements of selective prosecution, which are identical
Source: CourtListener parenthetical corpus (CC0).
Judges: Hutchinson, Scirica, Nygaard
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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