Legal Opinion

United States v. James Douglas Griffin

Court of Appeals for the Ninth Circuit

Decided May 22, 1980No. 79-1513PublishedCited by 96 opinions

1Opinion of the Court

KELLEHER, District Judge:

Griffin appeals the District Court’s order denying his motion to dismiss the indictment on the grounds of vindictive prosecution. We must determine if such an order may be appealed, before trial, as a final decision within the meaning of 28 U.S.C. § 1291. If it is subject to an interlocutory appeal, we must then decide whether the trial court erred in refusing to dismiss the indictment.

In September, 1976, the Labor-Management Services Administration learned of evidence that the defendant may have embezzled funds during his tenure as the Financial Secretary for the…

2Cases cited10 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. Abney v. United StatesSupreme Court of the United States · 1977
  4. Blackledge v. PerrySupreme Court of the United States · 1974
  5. United States v. MacDonaldSupreme Court of the United States · 1978

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3Cited by96 opinions

  1. United States v. PhillipsCourt of Appeals for the Fifth Circuit · 1981
  2. United States v. Hollywood Motor Car Co.Supreme Court of the United States · 1982
  3. John Harvey Adamson v. James G. Ricketts, Director, Arizona Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1988
  4. United States v. Jerome Gatto, Virgil Redmond, Joseph Bonanno, Jr., and Salvatore BonannoCourt of Appeals for the Ninth Circuit · 1985
  5. United States v. Agustin Gallegos-CurielCourt of Appeals for the Ninth Circuit · 1982

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