Second Circuit· 8/28/2008

United States v. Stein

Citations

541 F.3d 130
102 A.F.T.R.2d (RIA) 6023
2008 U.S. App. LEXIS 18524
2008 WL 3982104

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that private entity’s adoption of policy to withhold attorneys’ fees from employees accused of misconduct was effectively forced by Justice Department’s prosecution guidelines and, thus, constituted state action under a \joint action” and \close nexus” theory
“The Supreme Court has pegged commencement of a prosecution to the initiation of adversary judicial criminal proceedings—whether by way of formal charge, preliminary hearing, indictment, information, or arraignment.” (internal quotation marks and alterations omitted)
“The holding of Caplin [] is narrow: the Sixth Amendment does not prevent the government from reclaiming its property from a defendant even though the defendant had planned to fund his legal defense with it.”
ʺDismissal of an indictment is a remedy of last resort, and is 36 appropriate only where necessary to restore the defendant to the circumstances that would have existed had there been no constitutional error.ʺ (citation and internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Jacobs, Feinberg, Hall

Read full opinion on CourtListener

Cited by

47 cases in this archive cite this case; the 20 most cited are listed.

Cites

38 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named United States v. Stein

45 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

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