Case Detail
CitationUnited States v. Korey, 472 F.3d 89 (3rd Cir. 2007)
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2004
BodyTrial court
OpinionDefendant was acquitted of two homicides in 2000 in state court. In 2004, he was indicted by a federal grand jury on five gun- and drug-related counts relating to one of the state murder cases. He went to trial on two of those counts and was convicted of one. He appealed the guilty verdict and in 2007 the Court of Appeals vacated his conviction due to improper jury instructions from the court and due to the prosecutor publicly apologizing to the jury and the court for an angry outburst. Later that year, federal prosecutors brought another indictment based on the same allegations in the original case. The defendant sought a dismissal based on an alleged violation of speedy trial laws and prosecutorial vindictiveness. The District Court granted his motion: "We find that the circumstances here warrant a presumption of prosecutorial vindictiveness. After defendant successfully appealed his conviction and then successfully moved to dismiss the original indictment on Speedy Trial Act grounds, he was faced with a new indictment containing new charges, including premeditated murder, which is not subject to any statute of limitations period, and which the original prosecutor represented to the court was, as a matter of principle, untenable. The government has identified no new evidence, no new witnesses and no change in the law to support this charge."
Determination Year2009
Misconduct TypeP
C/S EffectDismissal
Pros. Misc. ReportedUKN
Sanction TypeUKN
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