Legal Opinion

United States v. Javado Barner

Court of Appeals for the Eleventh Circuit

Decided March 10, 2006No. 04-13384PublishedCited by 45 opinions

1Opinion of the Court

JOHN R. GIBSON, Circuit Judge:

The United States appeals from the district court’s dismissal of the Fifth Superseding Indictment in this case. The government contends that the district court erred in concluding that the facts of this case warranted a presumption that the Fifth Superseding Indictment resulted from prosecutorial vindictiveness. We hold that no such presumption of vindictiveness was proper, but we remand' for the district court to make findings as to whether the Fifth Superseding Indictment was the result of actual vindictiveness.

Javado Barner was first indicted in this case on…

2Cases cited26 opinions

  1. Koon v. United StatesSupreme Court of the United States · 1996
  2. Bordenkircher v. HayesSupreme Court of the United States · 1978
  3. Blackledge v. PerrySupreme Court of the United States · 1974
  4. United States v. GoodwinSupreme Court of the United States · 1982
  5. United States v. FregaCourt of Appeals for the Ninth Circuit · 1999

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3Cited by45 opinions

  1. United States v. BrowneCourt of Appeals for the Eleventh Circuit · 2007
  2. State v. KorumWashington Supreme Court · 2006
  3. State v. KorumWashington Supreme Court · 2006
  4. United States v. BucciCourt of Appeals for the First Circuit · 2009
  5. United States v. BarnerCourt of Appeals for the Eleventh Circuit · 2009

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