Supreme Court of the United States

United States v. Hollywood Motor Car Co., Inc.

June 28, 1982458 U.S. 263

Summary

The Court held that the denial of a motion to dismiss an indictment on prosecutorial-vindictiveness grounds is not immediately appealable under the final-judgment rule or the collateral-order exception. Because any constitutional error could be remedied through postconviction review and a new trial, the claim was not effectively unreviewable after final judgment. Justice Blackmun, joined by Justices Brennan and Marshall, dissented, arguing that the jurisdictional issue required full briefing and that vindictive-prosecution claims may involve a right not to be tried on enhanced charges.

Holding

  • Immediate appealability of the denial of a motion to dismiss for prosecutorial vindictiveness. The denial of a motion to dismiss an indictment based on prosecutorial vindictiveness is not an immediately appealable collateral order under 28 U. S. C. § 1291 because the asserted right is not effectively unreviewable after final judgment.

Docket 81-1144

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