· 5/4/2000
United States v. Elizabeth Sanders James Sanders
Citations
- 211 F.3d 711
- 55 Fed. R. Serv. 159
- 28 Media L. Rep. (BNA) 1769
- 2000 U.S. App. LEXIS 8808
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the standard for ordering discovery on a vindictive prosecution claim is the same as that for ordering discovery on a selective prosecution claim
- “To warrant discovery, the defendant must show ‘some evidence’ of ‘genuine animus,’ not the mere possibility that animus might exist under the circumstances.”
- court rejected defendant's contention that the chronology of three triggering events showed sufficient evidence of a genuine animus to warrant discovery
- “To warrant discovery, the defendant must show some evidence of genuine animus, not the mere possibility that animus might exist under the circumstances.”
- the prosecution of a defendant who refused to cooperate with the government by revealing confidential news source does not reflect animus or a retaliatory motive
- “A presumption of vindictiveness generally does not arise in a pretrial setting.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Meskill, Sotomayor, Keenan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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