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· 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 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.