Supreme Court of the United States
Rinaldi v. United States
November 7, 1977434 U.S. 22
Summary
The Supreme Court vacated the Fifth Circuit’s judgment and remanded the case for dismissal of the federal indictment, holding that the district court abused its discretion by refusing the government’s Rule 48(a) motion despite the government’s later compliance with the Petite policy. The Court emphasized that the Petite policy protects defendants from unfair successive prosecutions and should be given effect when invoked by the government. A dissent argued that the majority’s approach creates an unsettling prosecutorial policy and should not be resolved by summary disposition. Justice Rehnquist’s dissent contended the Court should have allowed full argument on the policy’s application.
Holding
- Whether the district court abused its discretion in denying the government’s Rule 48(a) motion to dismiss after the government’s later compliance with the Petite policy.. The district court’s refusal to grant the motion was an abuse of discretion; the judgment of the Court of Appeals is vacated and the case remanded for dismissal of the indictment.
Docket 76-6194