Parr v. United States

Summary

The Court affirmed the dismissal of Parr's appeal from the dismissal of his original tax-evasion indictment after the Government obtained another indictment elsewhere. Viewed separately, the original prosecution ended in Parr's favor, leaving him without an injury supporting appeal; viewed together with the new prosecution, the dismissal was interlocutory and reviewable after conviction. The collateral-order exception did not apply. The Court also denied leave to seek original writs of mandamus and prohibition and did not decide whether the Government could circumvent the transfer order by obtaining a new indictment. Chief Justice Warren dissented, joined by Justices Black, Douglas, and Clark, arguing that the dismissal was final, that Parr was aggrieved, and that the Government could not evade the transfer order in this manner.