Legal Opinion
In Re United States of America, United States of America v. Ray Cowan and Jack Jacobsen, Wayne O. Woodruff, Special Prosecutors
Court of Appeals for the Fifth Circuit
Decided December 8, 1975No. 74-3738, 74-3941PublishedCited by 196 opinions
1Opinion of the Court
MURRAH, Circuit Judge:
The first sentence of Rule 48(a) Fed.R. Crim.P. provides that “The Attorney General or the United States attorney may by leave of court file a dismissal of an indictment, information or complaint and the prosecution shall thereupon terminate.” In our case the trial judge, the Honorable Robert M. Hill, denied the United States Attorney’s motion under Rule 48(a) to dismiss pending criminal proceedings in the Northern District of Texas, and upon formal declination of the government to proceed, appointed private, special prosecutors to continue the prosecution of the case.…
2Cases cited44 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Marbury v. MadisonSupreme Court of the United States · 1803
- United States v. NixonSupreme Court of the United States · 1974
- Youngstown Sheet & Tube Co. v. SawyerSupreme Court of the United States · 1952
- Bartkus v. IllinoisSupreme Court of the United States · 1959
39 more not listed; retrieve them via the Exa API.
3Cited by196 opinions
- Rinaldi v. United StatesSupreme Court of the United States · 1977
- Hoskins v. MaricleKentucky Supreme Court · 2004
- United States v. Janice Wallace, United States of America v. Elmore PennCourt of Appeals for the Ninth Circuit · 1988
- United States v. ManbeckCourt of Appeals for the Fourth Circuit · 1984
- Gordon K. Hirabayashi v. United States of America, Gordon K. Hirabayashi v. United StatesCourt of Appeals for the Ninth Circuit · 1987
191 more not listed; retrieve them via the Exa API.