Legal Opinion
United States v. Gilbert
Court of Appeals for the Eleventh Circuit
Decided December 28, 1999No. 98-3635PublishedCited by 112 opinions
1Opinion of the Court
CARNES, Circuit Judge:
This appeal requires us to address issues of first impression involving the Hyde Amendment, which provides for the award of attorney fees and costs to a prevailing criminal defendant who establishes that the position the government took in prosecuting him was “vexatious, frivolous, or in bad faith ... unless special circumstances make such an award unjust.” Pub.L. No. 105-119, 111 Stat. 2440, 2519 (1997) (reprinted in 18 U.S.C. § 3006A, historical and statutory notes).
Richard L. Gilbert was convicted of fraudulently concealing assets in a bankruptcy and sentenced to 33…
2Cases cited21 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Franks v. DelawareSupreme Court of the United States · 1978
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Berger v. United StatesSupreme Court of the United States · 1935
- Strickler v. GreeneSupreme Court of the United States · 1999
16 more not listed; retrieve them via the Exa API.
3Cited by112 opinions
- Harris v. GarnerCourt of Appeals for the Eleventh Circuit · 2000
- Norelus v. Denny's, Inc.Court of Appeals for the Eleventh Circuit · 2010
- Bernie Harry, as Personal Representative of the Estate of Lisa Normil, Deceased v. Wayne Marchant, M.D., Ali Bazzi, M.D.Court of Appeals for the Eleventh Circuit · 2002
- Mutual Service Insurance v. Frit Industries, Inc.Court of Appeals for the Eleventh Circuit · 2004
- Leslie Smith v. Psychiatric Solutions, Inc.Court of Appeals for the Eleventh Circuit · 2014
107 more not listed; retrieve them via the Exa API.