Legal Opinion
United States v. Heavrin
District Court, W.D. Kentucky
Decided July 31, 2001No. CRIM.A.3:99CR-113-HPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
HEYBURN, District Judge.
After dismissal of all the criminal charges in this case, Defendant moved for attorney’s fees and costs pursuant to the Hyde Amendment, Pub.L. No. 105-119, 11 Stat. 2440, 2519 (1997) (reprinted in 18 U.S.C. § 3006A, historical and statutory notes) and the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d) (2001). 1 The Hyde Amendment allows the Court to award fees and costs to a prevailing criminal defendant where “the position of the United States was vexatious, frivolous, or in bad faith unless the court finds that special circumstances make…
2Cases cited21 opinions
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- United States v. BassSupreme Court of the United States · 1971
- Ruckelshaus v. Sierra ClubSupreme Court of the United States · 1983
- Reno v. KoraySupreme Court of the United States · 1995
- Rewis v. United StatesSupreme Court of the United States · 1971
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3Cited by3 opinions
- United States v. Donald HeavrinCourt of Appeals for the Sixth Circuit · 2003
- Masterson v. United StatesDistrict Court, D. Rhode Island · 2002
- United States v. HeavrinDistrict Court, W.D. Kentucky · 2004