Shaygan v. United States

Petition for certiorari denied on November 12, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
12-44 11th Cir. N/A N/A N/A N/A OT 2012
 
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Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to or work for this blog in various capacities, filed an amicus brief in support of the petitioner in this case.

Issue: Whether the government is exempted as a matter of law for Hyde Amendment sanctions, 18 U.S.C. § 3006A, under the statute’s prohibition on “bad faith” prosecutions despite subjective malice in its filing decision and extensive and pervasive prosecutorial misconduct during the course of the litigation, merely because there was probable cause to support the filing of the indictment.

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