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· 12/10/2003

Waehner v. Frost

Citations

  • 2003 NY Slip Op 23898

How courts have described this case

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

  • explaining that the government is permitted some selectivity in its enforcement of criminal laws
  • observing “[flew subjects are less adapted to judicial review than the exercise by the Executive of his discretion in deciding when and whether to institute criminal proceedings, or what precise charge shall be made, or whether to dismiss a proceeding once brought” (citation omitted)
  • court refused to allow defendant to present evidence of selective prosecution to jury, holding that question one for court prior to trial
  • impossible to attempt to smuggle letter from prison without consent or knowledge of warden where warden knew
  • transmittal of letters to prison inmate incorrectly believed to be without warden's knowledge
  • “ The power to fashion rules governing the movement of contraband as it relates to the federal prison system resides with Congress.”

Source: CourtListener parenthetical corpus (CC0).

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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.