Delta Steamship Lines, Inc. v. Turner

dismissing indictment on marijuana charges when government did nothing for nine months after defendant’s arrest, then sought indictment after defendant moved to dismiss related cocaine charge | considering claim of prosecutorial vindictiveness where defendant in tax prosecution case exercised his absolute right to venue in district in which he resided pursuant to 18 U.S.C. § 3237(b) | constitutionally impermissible for government to up the ante to discourage defendant from exercising his right to change of venue | constitutionally impermissible for government to up the ante to discourage defendant from exercising his right to change of venue | vindictive prosecution claim brought when new indictment filed after defendant successfully moved for a change of venue | vindictive prosecution claim brought when new indictment filed after defendant successfully moved for a change of venue | vindictiveness found where government threatened to “restructure” case should defendant exercise right to change venue, and then reindicted defendant, adding new charge | modification of the test not necessary because the alleged deficiencies did not amount to ineffectiveness even under the standard of "reasonable competency." | modification of the test not necessary because the alleged deficiencies did not amount to ineffectiveness even under the standard of “reasonable competency.” | securities cases in which non-settling defendants were granted credit for amount of settlement paid by other defendants | securities cases in which non-settling defendants were granted credit for amount of settlement paid by other defendants | “heavy burden” of offsetting presumptive prosecutorial vindictiveness not offset by showing of prosecutor’s inexperience | "heavy burden" of offsetting presumptive prosecutorial vindictiveness not offset by showing of prosecutor's inexperience | dismissal of indictment proper where prosecutor had threatened informant with indictment to obtain testimony in another case and grand jury was unaware of prosecutor’s improper motive for bringing indictment | the dissenting opinion, in fact, urges adoption of a new standard | Prosecutor concealed exculpatory evidence from the grand jury | “reasonable competency” preferred to “farce and mockery”