Legal Opinion

United States v. Murray Morris Kessler, Richmond C. Harper, Adler B. Seal, James M. Miller,jr., and Joseph Mazzuka

Court of Appeals for the Fifth Circuit

Decided June 28, 1976No. 74--4190PublishedCited by 120 opinions

1Opinion of the Court

MARKEY, Chief Judge:

The Government appeals an order of the United States District Court for the Eastern District of Louisiana which dismissed a two-count indictment charging the five defendants 1 with criminal conspiracy 2 and criminal attempt to export a military explosive. 3 The appeal is based on 18 U.S.C. § 3731. 4

Background

The five defendants (hereafter “the defendants”) were arrested on July 1, 1972. A first indictment was returned December 21, 1972 in the Alexandria Division of the Western District of Louisiana. Arraignment in Alexandria occurred on January 15, 1973. Various discovery…

2Cases cited26 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Barker v. WingoSupreme Court of the United States · 1972
  3. Giglio v. United StatesSupreme Court of the United States · 1972
  4. Berger v. United StatesSupreme Court of the United States · 1935
  5. Napue v. IllinoisSupreme Court of the United States · 1959

21 more not listed; retrieve them via the Exa API.

3Cited by120 opinions

  1. Commonwealth v. BoldenSupreme Court of Pennsylvania · 1977
  2. United States v. Chan Walker Zielie, Keith H. Gustafson, Thomas David Wilkerson, Robert Walter Govern, and Leon D. MausserCourt of Appeals for the Eleventh Circuit · 1984
  3. State v. BreitNew Mexico Supreme Court · 1996
  4. United States v. Z. T. KennedyCourt of Appeals for the Fifth Circuit · 1977
  5. Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1988

115 more not listed; retrieve them via the Exa API.

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