Legal Opinion
United States v. Myers
District Court, E.D. New York
Decided August 7, 1980No. 80 CR 00249, 80 CR 00253 and 80 CR 00291PublishedCited by 13 opinions
1Opinion of the Court
Memorandum of Decision and Order
MISHLER, District Judge.
Defendants in the above-captioned matters move to dismiss the indictments on the ground of prejudicial preindictment publicity generated by the government. For the reasons which follow, the motions are in all respects denied.
Discussion
The Fifth Amendment provides, in pertinent part, that “[n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury....” Although the importance of this guarantee as it applies to federal criminal proceedings cannot be questioned, cf.…
2Cases cited34 opinions
- Sheppard v. MaxwellSupreme Court of the United States · 1966
- McNabb v. United StatesSupreme Court of the United States · 1943
- Costello v. United StatesSupreme Court of the United States · 1956
- Hoffman v. United StatesSupreme Court of the United States · 1951
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
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3Cited by13 opinions
- United States v. James Burke, Anthony Perla, Rocco Perla, and Richard KuhnCourt of Appeals for the Second Circuit · 1983
- United States v. LopezDistrict Court, N.D. California · 1991
- Hohman v. StateCourt of Appeals of Alaska · 1983
- United States v. WaltersCourt of Appeals for the Second Circuit · 2018
- United States v. Sun Myung MoonDistrict Court, S.D. New York · 1982
8 more not listed; retrieve them via the Exa API.