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 a district court's refusal to dismiss an indictment based on alleged prosecutorial vindictiveness is not immediately appealable under the collateral-order exception to the final-judgment rule. Because the alleged vindictiveness claim could be reviewed after final judgment and did not involve a right that would be lost by proceeding to trial, the Court reversed and directed dismissal of the interlocutory appeal. Justice Blackmun, joined by Justices Brennan and Marshall, dissented, arguing that the jurisdictional issue required full briefing and that the claimed protection against vindictive prosecution may be lost if review is postponed until after trial.
Holding
- Immediate appealability of a denial of a prosecutorial-vindictiveness motion. A district court's interlocutory order denying a motion to dismiss an indictment for prosecutorial vindictiveness is not immediately appealable under 28 U.S.C. § 1291 because the claim is not effectively unreviewable after final judgment.
Docket 81-1144