· 9/5/1978
United States v. Richard J. Rabbitt
Citations
- 583 F.2d 1014
- 3 Fed. R. Serv. 983
- 1978 U.S. App. LEXIS 9241
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the defendant-legislator “did not, in his official capacity, control the awarding of state contracts to architects.”
- Reversed mail fraud conviction because no applicable standard of conduct clearly imposed an affirmative duty on state legislator to disclose his interest in a contract
- “Every case of breach of public trust and misfeasance in office in connection with which some mailing has occurred does not and cannot fall within the confines of the mail fraud statute.”
- \Every case of breach of public trust and misfeasance in office in connection with which some mailing has occurred does not and cannot fall within the confines of the mail fraud statute.\
- The Court’s discussion of whether defendant’s action amounts to extortion under col- or of state action was separate from fear of economic loss
- \The official need not control the function in question if the extorted party possesses a reasonable belief in the official's powers.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Bright, Henley, Smith, Talbot
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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