Brief filed: 11/24/2010
Documents
United States v. Nagle
3rd Circuit Court of Appeals, Jurisdiction; Case No. 10-3974
Argument(s)
The court of appeals does not have jurisdiction under 28 U.S.C. §1291 over government appeals in a pending criminal case, and the government has no “clear and indisputable right to relief” on mandamus to overturn a discretionary decision based on circuit precedent.
Author(s)
Lawrence Lustberg, Newark, NJ, and Peter Goldberger, Ardmore, PA.