656 F. Supp. 414 - North v. Walsh’s Empirical Analysis

Citation profile

2 federal appellate · 4 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The strong policy against intervening in ongoing criminal investigations also persuades the court to refrain from reviewing plaintiffs substantive claim. Courts have almost never found that an ongoing criminal investigation imposes a sufficient hardship to the person investigated to warrant judicial review prior to his or her indictment. The standard for obtaining any form of injunctive relief is high____but a party who seeks to enjoin a criminal investigation has a particularly heavy burden. The rationale behind the judicial policy against intervening in a criminal investigation is threefold. First, the courts want to protect the public’s interest in the fair and expeditious enforcement of the criminal laws. Permitting challenges at the prein-dictment stage would impede the criminal investigation by ‘saddling the grand jury with minitrials and preliminary showings.’. .. Second, the courts seek to balance the defendant’s need to assert his rights against the judiciary’s interest in conserving its resources. The criminal justice system is structured to provide the criminal defendant ample opportunity to vindicate its rights after he is indicted____ Finally principles of comity and separation of powers counsel courts against intervening in a criminal investigation conducted by another branch of government.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 959 F. Supp. 799 - Metro Medical Supply, Inc. v. Shalala