· 1/23/1984
United States v. Jacque Kristina Derr
Citations
- 726 F.2d 617
- 1984 U.S. App. LEXIS 26200
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- dismissing second indictment, thereby effectively altering first dismissal to one with prejudice after finding prosecutor failed to articulate reasons for first dismissal
- approving district court dismissal of second indictment, “in effect altering the first dismissal to one with prejudice”
- finding prosecution's request for voluntary dismissal because it would \best meet the ends of justice\ was insufficient justification for dismissal under Rule 48(a)
- dismissing reindictment when motion to dismiss initial indictment was made on the first day of the trial, no explanation was given, and defendant objected
- affirming denial of leave to dismiss when the government offered no reasons for dismissal other than that it would “best meet the ends of justice”
- “Under the circumstances, dismissing the second indictment was the only sanction that would effectuate the primary purpose of Rule 48(a).”
Source: CourtListener parenthetical corpus (CC0).
Judges: McWilliams, Logan, Chilson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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