TREADWAY

v.

ESTELLE, WARDEN

Citator

Cited By

• United States v. Dickerson, 975 F.2d 1245 (7th Cir. 1992)
  …elihood of vindictiveness exists.”); United States v. Schoolcraft, 879 F. 2d 64, 68 (3rd Cir.) (“We note that the role of a separate sovereign in bringing charges against a defendant minimizes the likelihood of pros-ecutorial abuse.”), cert. denied, 493 U.S. 995, 110 S.Ct. 546, 107 L.Ed.2d 543 (1989); United States v. Robison, 644 F. 2d 1270, 1273 (9th Cir.1981) (“involvement, of separate sovereigns tends to negate a vindictive prosecution claim”).2 [*1252] Since armed bank robbery violates both Indiana and…
• Holder v. City OF Allentown, 987 F.2d 188 (3d Cir. 1993)
  …justifiable standard, such as race, or religion, or some other arbitrary factor,” or when they seek to enforce the law in order “to prevent the exercise of a fundamental right.” United States v. Schoolcraft, 879 F. 2d 64, 68 (3d Cir.), cert. denied, 493 U.S. 995, 110 S.Ct. 546, 107 L.Ed.2d 543 (1989). The fact that the duty being carried out by state or local officials in applying the law is labeled “mandatory” as opposed to “discretionary” does not in and of itself render irrelevant the potentially uncon…

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