· 9/11/1979
United States v. Peter J. Serubo, Donald H. Brown, United States of America v. W. Thomas Plachter, Jr.
Citations
- 604 F.2d 807
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “this court and others have increasingly exercised our supervisory power over the administration of justice to regulate the manner in which grand jury investigations are conducted”
- holding “that dismissal of an indictment may be proper even where no actual prejudice has been shown, if there is evidence that the challenged activity … has become entrenched and flagrant in the circuit.”
- finding prosecutor’s reference to the defendants as Cosa Nostra hatchet men impermissible
- finding prosecutor’s reference to the defendants as Cosa Nostra hatchet men impermissible
- remand to dismiss indictment if second grand jury tainted in any way by prosecutorial misconduct present in first grand jury.
- prosecutorial conduct extreme; graphic and misleading reference by prosecution to Cosa Nostra hatchet men
Source: CourtListener parenthetical corpus (CC0).
Judges: Aldisert, Gibbons, Van Dusen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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