· 3/21/1983
United States v. Juan Salinas
Citations
- 693 F.2d 348
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that “statement by the prosecutor raised a clear inference of absence of good faith”
- explaining that “prosecu- torial harassment involves charging, dismissing, and subsequently commencing another prosecution at a different time or place deemed more favorable to the prosecution”
- holding trial court erred by granting government's motion to dismiss because government acted in bad faith in moving to dismiss after jury selected because it disliked jury composition
- holding trial court erred by granting government’s motion to dismiss because government acted in bad faith in moving to dismiss after jury selected because it disliked jury composition
- finding bad faith where the government dismissed the case to obtain a better jury, a jury more to its liking
- finding prosecution's voluntary dismissal of initial indictment in order to get a more favorable jury on a superseding indictment sufficient to overcome presumption of good faith in initial Rule 48(a) dismissal
Source: CourtListener parenthetical corpus (CC0).
Judges: Rubin, Johnson, Davis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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