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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.