indictment-dismissal
10 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-7193 | Steven Douglas Rockett v. United States | Ninth Circuit | 2025-05-13 | Denied | Response WaivedIFP | due-process duplicitous-charge indictment-dismissal ineffective-assistance sixth-amendment vagueness | Did the district court err in concluding that petitioner received effective assistance of counsel under the Sixth Amendment when petitioner's trial co… |
| 24-5737 | Matt Jones, aka Mack Jones v. United States | Third Circuit | 2024-10-10 | Denied | Response WaivedIFP | appellate-review criminal-procedure double-jeopardy indictment-dismissal motion-to-suppress speedy-trial | Whether the Third Circuit erred in not reversing the District Court's failure to dismiss an indictment based on alleged double jeopardy and speedy tri… |
| 20-7486 | Carlos Guzman-Merced v. United States | First Circuit | 2021-03-18 | Denied | Response WaivedIFP | 28-usc-2106 appellate-remedy appellate-review criminal-procedure indictment indictment-dismissal judicial-discretion plain-error plain-error-review remedial-authority statutory-interpretation | Whether a Court of Appeals can order an indictment dismissed as part of the appellate remedy |
| 20-793 | Samir Rafic Khoury v. United States | Fifth Circuit | 2020-12-11 | Denied | Response Waived | appellate-review criminal-defendant criminal-procedure indictment-dismissal mandamus mandamus-relief post-indictment-delay post-judgment-review prejudice speedy-trial | Whether a Court of Appeals may review, on petition for a writ of mandamus, the denial of a criminal defendant's motion to dismiss the indictment on sp… |
| 20-5840 | James Robert Miller v. United States | Ninth Circuit | 2020-09-29 | Denied | IFP | conflict-of-interest criminal-procedure due-process ethical-violations federal-jurisdiction indictment-dismissal prosecutorial-misconduct recusal | Whether a prosecutor's initiation of an investigation in a case in which he has a personal and financial interest, and subsequent continued involvemen… |
| 19-7238 | Jerry Reginald Burkes v. Tennessee | Tennessee | 2020-01-10 | Denied | Response WaivedIFP | criminal-procedure dismissal due-process harmless-error harmless-error-analysis indictment-dismissal mandatory-language money-laundering speedy-trial speedy-trial-act statutory-interpretation tennessee-local-rule-10.03 tennessee-rules-of-criminal-procedure tennessee-rules-of-evidence trial-rights | Whether the trial court's denial of a motion to dismiss an indictment for a violation of the Speedy Trial Act's 70-day time limit is subject to harmle… |
| 19-5643 | Raymont Wright v. United States | Third Circuit | 2019-08-20 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | double-jeopardy indictment-dismissal inherent-power inherent-power-of-courts judicial-integrity jury-deadlock mistrials prosecutorial-discretion prosecutorial-misconduct separation-of-powers trial-court-discretion trial-court-power | Whether a trial court possesses inherent power to dismiss an indictment with prejudice following serial mistrials for jury deadlock or whether the exe… |
| 18A1361 | Raymont Wright v. United States | Third Circuit | 2019-06-26 | Presumed Complete | first-impression indictment-dismissal judicial-power mistrials prosecutorial-discretion separation-of-powers | Whether a federal trial court has inherent power to dismiss an indictment with prejudice after multiple mistrials resulting from deadlocked juries | |
| 18-6806 | Eliana Sarmiento v. United States | Second Circuit | 2018-11-26 | Denied | Response WaivedIFP | appellate-review criminal-procedure criminal-procedure-speedy-trial-act dismissal harmless-error indictment-dismissal judicial-discretion prejudice speedy-trial-act statute-interpretation statutory-interpretation | Whether a district court's denial of a motion to dismiss an indictment for a violation of the Speedy Trial Act's 70 day time limit for bringing a defe… |
| 18-6190 | Simone Swenson v. United States | Fifth Circuit | 2018-10-03 | Denied | Response WaivedIFP | berger-v-united-states brady-v-maryland brady-violation deference-to-district-court due-process fifth-circuit-review indictment-dismissal judicial-deference judicial-discretion prosecutorial-misconduct structural-error supervisory-powers | Did the Fifth Circuit err in reinstating the indictment despite the district court's finding that the prosecutor's misconduct destroyed the integrity … |