Legal Opinion
United States v. Green
Court of Appeals for the First Circuit
Decided May 12, 2005No. 05-1014, 05-1151PublishedCited by 26 opinions
1Opinion of the Court
SELYA, Circuit Judge.
The district court, presiding over a complex multi-count, multi-defendant capital case, issued a pretrial order calling for the empanelment of two separate juries: one to determine guilt and the other, totally different in composition, to determine whether to impose the death penalty. Before us, the government asserts that the Federal Death Penalty Act (FDPA) forbids this binary course of action. We conclude that the district court’s unprecedented order presents a basic, previously undecided question of substantial public importance and, accordingly, entertain the…
2Cases cited31 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Wainwright v. WittSupreme Court of the United States · 1985
- Duncan v. WalkerSupreme Court of the United States · 2001
- Jones v. United StatesSupreme Court of the United States · 1999
- Lexecon Inc. v. Milberg Weiss Bershad Hynes & LerachSupreme Court of the United States · 1998
26 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Bocova v. GonzalesCourt of Appeals for the First Circuit · 2005
- United States v. Gary Lee SampsonCourt of Appeals for the First Circuit · 2007
- McKenna v. First Horizon Home Loan Corp.Court of Appeals for the First Circuit · 2007
- Osediacz v. City of CranstonCourt of Appeals for the First Circuit · 2005
- United States v. WechtCourt of Appeals for the Third Circuit · 2008
21 more not listed; retrieve them via the Exa API.