Legal Opinion
United States v. Donald Caparella
Court of Appeals for the Second Circuit
Decided August 26, 1983No. 1250, Docket 83-1059PublishedCited by 59 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
The question presented on this appeal requires us to focus on policy considerations which undergird the Speedy Trial Act of 1974 (Act) in order to determine whether the dismissal of a criminal complaint against appellant should have been with or without prejudice. Appellant advances two arguments in support of his contention that the dismissal should have been with prejudice so as to bar his reprosecution. He first contends that the dismissal of the charges against him resulted from the government’s failure to file an information or indictment within 30 days after a…
2Cases cited8 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- Ford Motor Credit Co. v. CenanceSupreme Court of the United States · 1981
- United States v. Sam T. Iaquinta, Velma E. Shine, United States of America v. Sam Thomas Iaquinta, Jr.Court of Appeals for the Fourth Circuit · 1982
- United States v. Victor AngeliniCourt of Appeals for the First Circuit · 1982
- United States v. Donald HillegasCourt of Appeals for the Second Circuit · 1978
3 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- United States v. TaylorSupreme Court of the United States · 1988
- United States v. John O. Green A/K/A John O. HornungCourt of Appeals for the Fifth Circuit · 1989
- United States v. Michael Lawrence PollockCourt of Appeals for the Ninth Circuit · 1984
- United States v. Kenneth S. HastingsCourt of Appeals for the First Circuit · 1988
- United States v. James Tunnessen, Douglas Fullerton, and Michael Robert Reape, DefendantsCourt of Appeals for the Second Circuit · 1985
54 more not listed; retrieve them via the Exa API.