Circuit split · criminal procedure
Whether a defendant must establish a prima facie case or only a colorable claim of selective prosecution to be entitled to an evidentiary hearing
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- United States v. Parham16 F3D 844
Eighth Circuit Court of Appeals · February 14, 1994
“There is a split in the circuits as to whether a defendant must establish a prima facie case or only a colorable claim of selective prosecution before an evidentiary hearing is required.” — Acknowledges a circuit split
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Discussed · 7th Cir.United States v. Heidecke900 F.2d 1155
What the split turns on
- Statutes:
- 42 U.S.C. § 1973i(c)
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.