Legal Opinion

United States v. John Lanham, Iii, United States of America v. William Troy, William P. Trolinger, Iii, and April L. Jacobs

Court of Appeals for the Fourth Circuit

Decided October 10, 1980No. 79-5057, 79-5058PublishedCited by 31 opinions

1Per curiam

Lanham, Troy, Trolinger and Jacobs appeal the government’s dismissal without prejudice of the indictments against them, contending that the dismissal should have been with prejudice. We find that a dismissal without prejudice is not immediately reviewable and we therefore dismiss the appeals.

Our action is based on the Supreme Court’s decision in Parr v. United States, 351 U.S. 513, 76 S.Ct. 912, 100 L.Ed. 1377 (1956). In Parr, the accused obtained a transfer of the indictment against him to another division within the same district on grounds of local prejudice. After defeating the transfer…

2Cases cited2 opinions

  1. Parr v. United StatesSupreme Court of the United States · 1956
  2. Lewis v. United StatesSupreme Court of the United States · 1910

3Cited by31 opinions

  1. State v. GarciaNew Mexico Court of Appeals · 1983
  2. United States v. Robert E. BratcherCourt of Appeals for the Sixth Circuit · 1988
  3. United States v. Grover C. Jones, Jr.Court of Appeals for the Fourth Circuit · 1989
  4. United States v. StittCourt of Appeals for the Fourth Circuit · 2006
  5. United States v. Under SealCourt of Appeals for the Fourth Circuit · 2017

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