Legal Opinion
United States v. Lopez-Matias
Court of Appeals for the First Circuit
Decided April 10, 2008No. 07-1662PublishedCited by 29 opinions
1Opinion of the Court
HOWARD, Circuit Judge.
In this carjacking case, the district court ruled that the government could not seek the death penalty, citing the government’s failure to abide by its own policies and by local court rules. The government appeals. Finding appellate jurisdiction over the matter, we hold that the district court abused its discretion when it failed to consider whether there was prejudice to the defendants. We can discern no prejudice on the record. Accordingly, we vacate the district court’s order striking the Notice of Intent to Seek a Sentence of Death.
1. Facts
In November, 2006, a…
2Cases cited36 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Koon v. United StatesSupreme Court of the United States · 1996
- United States v. ArmstrongSupreme Court of the United States · 1996
- United States Ex Rel. Accardi v. ShaughnessySupreme Court of the United States · 1954
31 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- United States v. AkbarCourt of Appeals for the Armed Forces · 2015
- United States v. SavareseCourt of Appeals for the First Circuit · 2012
- United States v. DoeCourt of Appeals for the First Circuit · 2013
- United States v. BerkCourt of Appeals for the First Circuit · 2011
- United States v. MeadowsCourt of Appeals for the First Circuit · 2009
24 more not listed; retrieve them via the Exa API.