Legal Opinion

In Re Michael Rappaport

Court of Appeals for the Second Circuit

Decided June 14, 1977No. 1468, Docket 77-3013PublishedCited by 24 opinions

1Opinion of the Court

MESKILL, Circuit Judge:

Michael Rappaport, who seeks writs of mandamus and prohibition in this case, was indicted in the United States District Court for the Western District of New York in January, 1976. His trial in December, 1976, ended in a hung jury and Judge Elfvin declared a mistrial. A retrial was set for January 25, 1977, but has not yet begun. The circumstances surrounding the failure to hold this second trial are the subject of this proceeding.

At his first trial, petitioner was represented by Martin Blitstein, Esq. Blitstein was admitted to the Florida Bar, but was not a member of…

2Cases cited21 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Theard v. United StatesSupreme Court of the United States · 1957
  3. United States v. William BentvenaCourt of Appeals for the Second Circuit · 1963
  4. United States v. Nathan George DinitzCourt of Appeals for the Fifth Circuit · 1976
  5. Nick C. Spanos v. Skouras Theatres Corporation, Theatre & Cinema, Inc., Philhamboro, Inc., Youngstown Theatre Corporation and Modern Playhouses, Inc.Court of Appeals for the Second Circuit · 1966

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3Cited by24 opinions

  1. Martens v. ThomannCourt of Appeals for the Second Circuit · 2001
  2. Bundy v. StateSupreme Court of Florida · 1984
  3. Bank of Hawaii v. KunimotoHawaii Supreme Court · 1999
  4. United States v. Albert A. Cortellesso, United States of America v. Ralph AltieriCourt of Appeals for the First Circuit · 1981
  5. Raiford v. PoundsCourt of Appeals for the Ninth Circuit · 1981

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