United States v. Howard Kenneth Smith

How courts have described this case

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

• stating that although trial court's discretion when considering motion to dismiss is limited, it may deny it where bad faith or disservice to the public interest is found
• stating “[t]he disservice to the public interest must be found, if at all, in the motive of the prosecutor”
• providing examples of bad faith, such as acceptance of a bribe, personal dislike of the victim or accuser, or dissatisfaction with the empaneled jury
• “[T]he duty of the United States Attorney [is] not simply to prosecute but to do justice.”
• “A motion that is not motivated by bad faith is not clearly contrary to manifest public interest, and it must be granted.”
• “The trial court has little discretion in considering a government motion to dismiss made pursuant to Federal Rule of Criminal Procedure 48(a).”

Source: CourtListener parenthetical corpus (CC0).