United States v. Eugene Robert Wallach

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that prosecutorial misconduct bars retrial after conviction overturned for perjury only where prosecutor acted intentionally or at least with willful disregard to elicit false statements
• assuming that a prosecutor would have to intend to “prevent an acquittal that the prosecutor believed at the time was likely to occur in the absence of his misconduct”
• noting, in dicta, that double jeopardy principles would logically bar a second prosecution when the prosecutor engages in serious misconduct with the intention of preventing an acquittal
• noting, in dicta , that double jeopardy principles would logically bar a second prosecution when the prosecutor engages in serious misconduct with the intention of preventing an acquittal
• “[t]here is no justification for [the] distinction” between a defendant who moves successfully for a mistrial and one whose conviction is reversed on appeal
• \There is no justification for [the] distinction\ between a defendant who moves successfully for a mistrial and one whose conviction is reversed on appeal

Source: CourtListener parenthetical corpus (CC0).