Legal Opinion

United States v. Chapman

Court of Appeals for the Ninth Circuit

Decided May 6, 2008No. 06-10316, 06-10610PublishedCited by 73 opinions

1Opinion of the Court

WARDLAW, Circuit Judge:

The district court dismissed an indictment against Daniel Chapman, Sean Flanagan, and Herbert Jacobi (collectively “Defendants”) after the prosecution admitted that it had failed to meet its obligations to disclose over 650 pages of documents to the defense. We must decide whether the government’s appeal of the dismissal is precluded by the Double Jeopardy Clause of the Fifth Amendment, see 18 U.S.C. § 3731, whether the dismissal was proper, and whether Defendants are entitled to fees and costs under the Hyde Amendment, Pub.L. No. 105-119, § 617, 111 Stat. 2440, 2519…

2Cases cited27 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Giglio v. United StatesSupreme Court of the United States · 1972
  3. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  4. United States v. JornSupreme Court of the United States · 1971
  5. Arizona v. WashingtonSupreme Court of the United States · 1978

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3Cited by73 opinions

  1. United States v. WilliamsCourt of Appeals for the Ninth Circuit · 2008
  2. United States v. MincoffCourt of Appeals for the Ninth Circuit · 2009
  3. United States v. KohringCourt of Appeals for the Ninth Circuit · 2011
  4. United States v. ReyesCourt of Appeals for the Ninth Circuit · 2009
  5. Glover v. EIGHTH JUD. DIST. COURT OF STATENevada Supreme Court · 2009

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

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