U.S. v. SHUCK

Crim. No. 85-54.

705 F.Supp. 1177 (1989)

UNITED STATES of America, Plaintiff, v. Ralph E. SHUCK, Defendant.

United States District Court, N.D. West Virginia, Elkins Division.

February 7, 1989.


Attorney(s) appearing for the Case

William A. Kolibash, U.S. Atty., and David E. Godwin, Asst. U.S. Atty., Wheeling, W.Va., for plaintiff.

Thomas Dawson, Leavenworth, Kan., Harry Smith, Elkins, W.Va., for defendant.


MEMORANDUM OPINION

MAXWELL, Chief Judge.

In this post-conviction proceeding the Defendant is limited in his prayer for relief to the issue of whether prosecutorial misconduct undermined the validity of a grand jury proceeding and, in turn, resulted in his being indicted by a subsequent Grand Jury and later convicted of perjury. While the cause of action here is essentially limited to a fundamental determination of events occurring before the initial Grand...

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