Legal Opinion
United States of America, Cross-Appellee v. Robert Dibernardo, Theodore Rothstein, Cross-Appellants
Court of Appeals for the Eleventh Circuit
Decided November 13, 1985No. 83-5295PublishedCited by 26 opinions
1Opinion of the Court
TJOFLAT, Circuit Judge:
This appeal presents the question of whether, in the absence of an abuse of the grand jury process, a district court may exercise its supervisory power to dismiss an indictment where (1) the grand jury may have heard false testimony or (2) the prosecutor, in advising the grand jury at the end of its investigation, failed to instruct it to disregard prejudicial evidence irrelevant to the offense eventually alleged in the indictment. The district court dismissed the indictment. We reverse.
I
In the summer of 1977, the FBI commenced operation “Miporn,” an undercover…
2Cases cited23 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- United States v. CalandraSupreme Court of the United States · 1974
- Branzburg v. HayesSupreme Court of the United States · 1972
- Abney v. United StatesSupreme Court of the United States · 1977
- United States v. HastingSupreme Court of the United States · 1983
18 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- United States v. James Norton, United States of America v. Paul Fosco, James Pinckard, Paul A. Di Franco, James Norton, DefendantsCourt of Appeals for the Eleventh Circuit · 1989
- United States v. Robert Dibernardo and Theodore RothsteinCourt of Appeals for the Eleventh Circuit · 1989
- United States v. SchneiderCourt of Appeals for the Tenth Circuit · 2010
- United States v. George R. CavalloCourt of Appeals for the Eleventh Circuit · 2015
- United States v. Garate-VergaraCourt of Appeals for the Eleventh Circuit · 1991
21 more not listed; retrieve them via the Exa API.