Legal Opinion

United States v. Treadway

District Court, N.D. Texas

Decided February 21, 1978No. Crim. 3-77-305PublishedCited by 24 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

PATRICK E. HIGGINBOTHAM, District Judge.

Introduction

Dean Charles Treadway is charged with obstruction of justice. He has moved to dismiss the indictment because an attorney with the Antitrust Division of the Department of Justice appeared'before the indicting grand jury as both a prosecutor and a witness. Because this duality violates both the Code of Professional Responsibility and Rule 6(d), Fed.R.Crim.P. and otherwise presents intolerable potential for abuse of the grand jury, the indictment must be quashed.

The facts are uncontested. The Antitrust Division of…

2Cases cited11 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. Tumey v. OhioSupreme Court of the United States · 1927
  3. McNabb v. United StatesSupreme Court of the United States · 1943
  4. Sorrells v. United StatesSupreme Court of the United States · 1932
  5. Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958

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

3Cited by24 opinions

  1. United States v. Harvey Birdman, United States of America v. William RichmanCourt of Appeals for the Third Circuit · 1979
  2. United States v. Gerald L. Singer, United States of America v. Raymond E. WagnerCourt of Appeals for the Eighth Circuit · 1981
  3. United States v. GoldDistrict Court, N.D. Illinois · 1979
  4. United States v. LawsonDistrict Court, D. Maryland · 1980
  5. Equal Employment Opportunity Commission v. Sears, Roebuck & Co.District Court, N.D. Illinois · 1980

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

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