U.S. v. RICKS

No. 86-8569.

817 F.2d 692 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin Anthony RICKS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 20, 1987.


Attorney(s) appearing for the Case

Stanley M. Baum, Atlanta, Ga., (court-appointed), for defendant-appellant.

Robert L. Parr, Jr., U.S. Atty., Thomas D. Bever, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before HATCHETT and ANDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.


HATCHETT, Circuit Judge:

In this criminal appeal, we fix the standard for dismissal of an indictment for prosecutorial misconduct before a grand jury to be a showing that the prosecutor's activities caused "unfairness or actual prejudice." Finding no error in the district court's rulings, we affirm.

FACTS

On November 18, 1985, two armed men robbed the Decatur Federal Savings & Loan Association at Decatur, Georgia. One man positioned himself near...

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