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HILBERT v. DOOLING

No. 423, Docket 72-2144.

476 F.2d 355 (1973)

John A. HILBERT, III, Petitioner, v. The Honorable John F. DOOLING, Jr., in his capacity as United States District Judge for the Eastern District of New York, Respondent.

United States Court of Appeals, Second Circuit.

Decided March 12, 1973.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (Robert Kasanof, The Legal Aid Society, New York City, of counsel), for petitioner.

Raymond J. Dearie, Asst. U. S. Atty. (Robert A. Morse, U. S. Atty., E. D. N. Y., L. Kevin Sheridan, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for respondent.

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y. (Richard J. Davis, John W. Nields, Jr., Asst. U. S. Attys., New York City, of counsel), for U. S. Atty., S. D. N. Y., as amicus curiae.

Before FRIENDLY, Chief Judge, and KAUFMAN, HAYS, FEINBERG, MANSFIELD, MULLIGAN, OAKES and TIMBERS, Circuit Judges.

MANSFIELD, Circuit Judge:

The question raised by this petition for a writ of mandamus is whether dismissal of a criminal charge pursuant to Rule 4 of our Second Circuit Rules Regarding Prompt Disposition of Criminal Cases1 (hereinafter "Prompt Disposition Rules") is with prejudice and thus precludes reindictment for the same offense. Because of the exceptional importance of the issue at the time...

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