Legal Opinion

United States v. John R. Barletta, in Re United States of America

Court of Appeals for the First Circuit

Decided March 17, 1981No. 80-1220, 80-1456PublishedCited by 74 opinions

1Opinion of the Court

COFFIN, Chief Judge.

The government seeks in this case to compel a district court to rule prior to the retrial of a criminal prosecution on a government motion to admit certain evidence at that retrial. The central issue raised by this effort, arising out of the complex interplay of 18 U.S.C. § 3731 and Rule 12 of the Federal Rules of Criminal Procedure, is whether and under what circumstances a district court may defer such a ruling until trial under Rule 12 without “adversely affecting” the government’s right to appeal an adverse ruling under § 3731 — a question that, although of potential…

2Cases cited22 opinions

  1. Jones v. United StatesSupreme Court of the United States · 1960
  2. United States v. ScottSupreme Court of the United States · 1978
  3. United States v. WilsonSupreme Court of the United States · 1975
  4. United States v. SissonSupreme Court of the United States · 1970
  5. United States v. Ralph PetrozzielloCourt of Appeals for the First Circuit · 1977

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

3Cited by74 opinions

  1. United States v. John VoigtCourt of Appeals for the Third Circuit · 1996
  2. State v. RobertsCourt of Criminal Appeals of Texas · 1996
  3. United States v. Shortt Accountancy CorporationCourt of Appeals for the Ninth Circuit · 1986
  4. United States v. Ayarza-GarciaCourt of Appeals for the Eleventh Circuit · 1987
  5. United States v. AdkinsonCourt of Appeals for the Eleventh Circuit · 1998

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

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