Legal Opinion
United States v. Andrew Furey
Court of Appeals for the Second Circuit
Decided April 7, 1975No. 467, Docket 74-2266PublishedCited by 30 opinions
1Opinion of the Court
MANSFIELD, Circuit Judge:
The single issue raised by this appeal is the validity of the dismissal-with-prejudice sanction of Rule 4 of the Eastern District Plan for the Prompt Disposition of Criminal Cases (the “Plan”). 1 The government challenges (1) the power of the Judicial Branch to promulgate a rule requiring such a sanction, and (2) the validity of Rule 50(b), F.R.Cr.P., 2 which required the district court to adopt such a plan. It also urges that Rule 50(b) does not authorize the sanction of dismissal with prejudice. Rejecting these arguments, the district court upheld the Rule and…
2Cases cited30 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- United States v. MarionSupreme Court of the United States · 1971
- Hanna v. PlumerSupreme Court of the United States · 1965
- Sibbach v. Wilson & Co.Supreme Court of the United States · 1941
- Strunk v. United StatesSupreme Court of the United States · 1973
25 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- United States v. Rev. Alberto Mejias, A/K/A Rev. Angel OrtizCourt of Appeals for the Second Circuit · 1977
- William Cody v. Robert J. Henderson, Warden, Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1991
- United States v. James Henry SimmonsCourt of Appeals for the Ninth Circuit · 1976
- State v. BraunsdorfWisconsin Supreme Court · 1980
- State v. EstencionHawaii Supreme Court · 1981
25 more not listed; retrieve them via the Exa API.