Does a dismissal of an indictment due to prosecutorial misconduct preclude a timely reindictment of the original indictment?
MultiRegion, United States of America
The following excerpt is from U.S. v. Horowitz, 756 F.2d 1400 (9th Cir. 1985):
We note that this issue has been addressed at the district court level. See United States v. Serubo, 502 F.Supp. 288 (E.D.Pa.1980) (holding that dismissal of an indictment because of prosecutorial misconduct does not bar timely reindictment pursuant to 18 U.S.C. Sec. 3288).
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