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UNITED STATES v. WEINSTEIN

No. 289, Docket 71-1942.

452 F.2d 704 (1971)

UNITED STATES of America, Petitioner, v. Honorable Jack B. WEINSTEIN, United States District Judge for the Eastern District of New York, Respondent. UNITED STATES of America, v. Albert GRUNBERGER, Defendant.

United States Court of Appeals, Second Circuit.

Decided November 16, 1971.

Attorney(s) appearing for the Case

Edward R. Korman, Asst. U. S. Atty., (Robert A. Morse, U. S. Atty., Eastern District of New York, of Counsel), for petitioner.

Nathan Lewin, Washington, D. C. (Miller, Cassidy, Larroca & Lewin, Washington, D. C., of Counsel), for defendant Grunberger.

Before FRIENDLY, Chief Judge, CLARK, Associate Justice, Retired, and KAUFMAN, Circuit Judge.

FRIENDLY, Chief Judge:

A conscientious and ingenious district judge has here endeavored to provide opportunity for an appellate ruling on the nature of a trial judge's powers and responsibilities when a jury has found a defendant guilty on evidence which was facially sufficient but which the judge, for well articulated reasons, could not credit. This praiseworthy effort has presented us with problems of no little complexity.

I.

Albert Grunberger...

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