NACDL - United States v. Nagle

United States v. Nagle

Amicus curiae brief of the National Association of Criminal Defense Lawyers and the Pennsylvania Association of Criminal Defense Lawyers in support defendant-appellee.

Brief filed: 11/24/2010

Documents

United States v. Nagle

3rd Circuit Court of Appeals, Jurisdiction; Case No. 10-3974

Argument

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.