Legal Opinion
United States v. E. A. Gregory and Vonna Jo Gregory, G. W. Atkinson and Robert T. Spurlock, Jr.
Court of Appeals for the Fifth Circuit
Decided September 25, 1981No. 80-7642, 80-7644PublishedCited by 39 opinions
1Opinion of the Court
RONEY, Circuit Judge:
On this interlocutory appeal, defendants challenge the denial of two pretrial motions in which they sought first, the dismissal of the indictment on the ground of prosecuto-rial vindictiveness, and second, the disqualification of the trial judge because of bias, 508 F.Supp. 1218. Defendants petition in the alternative for a writ of mandamus ordering recusal of the trial judge. We hold that an interlocutory appeal does not lie from either of the rulings by the district court, and that defendants fail to show the exceptional circumstances necessary to support a writ of…
2Cases cited33 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Catlin v. United StatesSupreme Court of the United States · 1945
- Abney v. United StatesSupreme Court of the United States · 1977
28 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- In Re Diana R. Beard, (Two Cases)Court of Appeals for the Fourth Circuit · 1987
- United States v. Hollywood Motor Car Co.Supreme Court of the United States · 1982
- Louise Parrott, Individually and in Her Official Capacity as Administratrix of the Estate of Jeffrey Parrott, Deceased v. Max v. Wilson, Etc.Court of Appeals for the Eleventh Circuit · 1983
- United States v. Reginald J. HolzerCourt of Appeals for the Seventh Circuit · 1987
- United States v. Murdock Head, (Two Cases)Court of Appeals for the Fourth Circuit · 1983
34 more not listed; retrieve them via the Exa API.