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Article • November 1, 2008 • from P&J November, 2008
U.S. v. Magassouba, No. 06-2628-cr (2nd Cir.) (544 F.3d 387) (September 19, 2008) (Judge Reena Raggi) by In a case challenging the length of detention of a defendant found incompetent to stand trial, denial of a motion to dismiss defendant's indictment and entry of an order committing defendant to further …
Article • July 29, 2002
Parr v. U.S., No. 320 (U.S. Supreme Court) (351 U.S. 513; 76 S.Ct. 912) (June 11, 2056) (Justice Harlan) by In this case the Court analyzed some of the cases that fall within the exception to the finality of judgment rule that was established by the Supreme Court in Cohen …
Article • November 8, 2001
Cobbledick v. U.S., No. 571 (U.S. Supreme Court) (309 U.S. 323; 60 S.Ct. 540) (February 26, 2040) (Justice Frankfurter) by In this case the appellant was subpoenaed to appear and produce certain documents before a grand jury. He moved the district court to quash the subpoena, but the motion was …
Article • August 27, 2001
Cohen v. Beneficial Industrial Loan Corp., No. 442 (U.S. Supreme Court) (337 U.S. 541; 69 S.Ct. 1221) (June 20, 2049) (Justice Jackson) by Here the Supreme Court carved out an exception to 28 USC § 1291 (which grants courts of appeal jurisdiction of appeals from all "final" decisions of the …
Article • June 23, 2000
Abney v. U.S., No. 75-6521 (U.S. Supreme Court) (431 U.S. 651; 97 S.Ct. 2034) (June 9, 1977) (Justice Burger) by Here, the Supreme Court held that denial of a pretrial motion to dismiss an indictment on double jeopardy grounds is immediately reviewable in the court of appeals as a "collateral …
Article • March 23, 2000
Flanagan v. U.S., No. 82-374 (U.S. Supreme Court) (465 U.S. 259; 104 S.Ct. 1051) (February 21, 1984) (Justice O'Connor) by In holding that a trial court's pretrial disqualification of defense counsel in a criminal prosecution is not immediately appealable under 28 U.S.S. § 1291, the Court emphasized that, in criminal …