Legal Opinion

United States of America in No. 83-5233 v. Anthony J. Costanzo. Appeal of Anthony J. Costanzo in Nos. 82-5767, 83-5341/42

Court of Appeals for the Third Circuit

Decided August 27, 1984No. 82-5767, 83-5233, 83-5341 and 83-5342PublishedCited by 46 opinions

1Opinion of the Court

OPINION OF THE COURT

SEITZ, Circuit Judge.

This case presents an appeal and a cross-appeal from an order of the district court granting petitioner Anthony Costanzo’s motion for relief under 28 U.S.C. § 2255. Petitioner moved to dismiss the indictment or in the alternative for a new trial, but the district court granted only a new trial. While the district court did not explicitly refuse to dismiss the indictment, this was the effect of its order and we will so consider it. Petitioner appeals the implied refusal to dismiss the indictment, while the government cross-appeals the grant of a new…

2Cases cited11 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Cuyler v. SullivanSupreme Court of the United States · 1980
  4. Weatherford v. BurseySupreme Court of the United States · 1977
  5. United States v. LevyCourt of Appeals for the Third Circuit · 1978

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

3Cited by46 opinions

  1. Shillinger v. HaworthCourt of Appeals for the Tenth Circuit · 1995
  2. United States v. Gambino, RosarioCourt of Appeals for the Third Circuit · 1989
  3. United States v. Richard KellyCourt of Appeals for the D.C. Circuit · 1986
  4. United States v. RustCourt of Appeals for the Armed Forces · 1995
  5. United States v. Mark Lewis SingerCourt of Appeals for the Eighth Circuit · 1986

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

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