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KLOPFER v. NORTH CAROLINA

No. 100.

386 U.S. 213 (1967)

87 S.Ct. 988

18 L.Ed.2d 1

KLOPFER v. NORTH CAROLINA.

Supreme Court of United States.

Decided March 13, 1967.

Attorney(s) appearing for the Case

Wade H. Penny, Jr., argued the cause and filed a brief for petitioner.

Andrew A. Vanore, Jr., argued the cause for respondent. With him on the brief were T. W. Bruton, Attorney General of North Carolina, and Ralph Moody, Deputy Attorney General.

William W. Van Alstyne and Melvin L. Wulf filed a brief for the American Civil Liberties Union et al., as amici curiae.

MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

The question involved in this case is whether a State may indefinitely postpone prosecution on an indictment without stated justification over the objection of an accused who has been discharged from custody. It is presented in the context of an application of an unusual North Carolina criminal procedural device known as the "nolle prosequi with leave."<...

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