Legal Opinion

Klopfer v. North Carolina

Supreme Court of the United States

Decided March 13, 1967No. 100PublishedCited by 1,690 opinions

1Opinion of the CourtChief Justice Warren

The question involved in this case is whether a State may indefinitely postpone prosecution on an indictment without stated justification over the objection of an accused who has been discharged from, custody. It is presented in the context of an application of an unusual North Carolina criminal procedural device known as the “nolle prosequi with leave.”

Under North Carolina criminal procedure, when the prosecuting attorney of a county, denominated the solicitor, determines that he does not desire to proceed further with a prosecution, he may take- a nolle prosequi, thereby declaring “that he…

2Cases cited48 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Pointer v. TexasSupreme Court of the United States · 1965
  3. United States v. EwellSupreme Court of the United States · 1966
  4. Hamm v. City of Rock HillSupreme Court of the United States · 1964
  5. People v. ProsserNew York Court of Appeals · 1955

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3Cited by1,690 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Albright v. OliverSupreme Court of the United States · 1994
  3. Solem v. HelmSupreme Court of the United States · 1983
  4. Duncan v. LouisianaSupreme Court of the United States · 1968
  5. United States v. MarionSupreme Court of the United States · 1971

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