Legal Opinion

United States v. Gallo

District Court, D. Connecticut

Decided May 30, 1975No. Crim. B 74-13PublishedCited by 31 opinions

1Opinion of the Court

RULING ON DEFENDANTS’ MOTION TO DISMISS

ZAMPANO, District Judge.

This motion to dismiss challenges the questionable procedures employed by the government’s attorney to secure a second indictment against the defendants. The prosecutor obtained the present indictment by submitting to the grand jury written transcripts of a witness’s testimony before a prior grand jury, and by informing the second grand jury that he was seeking to make mere technical corrections in the first charge.

I

The facts are not in dispute. On November 28, 1972, Jerome Buckley, the chief government witness in this case,…

2Cases cited20 opinions

  1. Stirone v. United StatesSupreme Court of the United States · 1960
  2. Ex Parte BainSupreme Court of the United States · 1887
  3. Wood v. GeorgiaSupreme Court of the United States · 1962
  4. Tyrone Gaither v. United States of America, Charles Tatum v. United StatesCourt of Appeals for the D.C. Circuit · 1969
  5. United States v. CoxCourt of Appeals for the Fifth Circuit · 1965

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3Cited by31 opinions

  1. United States v. David Guillette and Robert JoostCourt of Appeals for the Second Circuit · 1976
  2. United States v. Thomas E. Flaherty, United States of America v. James R. Kearns, Jr., United States of America v. Stuart H. WahlCourt of Appeals for the First Circuit · 1981
  3. United States v. Herman ChanenCourt of Appeals for the Ninth Circuit · 1977
  4. United States v. NarcisoDistrict Court, E.D. Michigan · 1977
  5. United States v. Alfred Joseph SamangoCourt of Appeals for the Ninth Circuit · 1979

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

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