United States v. Harvey

With the court’s disposition of the jurisdictional issue I concur, as I must, since that result is clearly mandated by United States v. Scott, - U.S. -, 98 S.Ct. 2187, 57 L.Ed.2d 65 (1978).1 What compels my dissent is the ultimate result achieved by the majority and in the process the cavalier treatment given the prosecutorial misconduct determination upon which the trial court based its dismissal of the indictment.

Having ruled that the court has jurisdiction of the appeal, two issues were brought into focus: (1) whether there was a factual basis for the trial court’s conclusion that…