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· 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 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.