tag:blogger.com,1999:blog-8110639002933228971.post7450342008037899147..comments2024-03-28T18:29:32.776-04:00Comments on SCOV Law: Timing is EverythingDaniel Richardsonhttp://www.blogger.com/profile/14370460563783593796noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8110639002933228971.post-26451579091729800822017-11-28T12:44:39.123-05:002017-11-28T12:44:39.123-05:00Thank you. You're correct. I'm embarrassed...Thank you. You're correct. I'm embarrassed to have missed that date in the citation. I've corrected the post. Andrew Delaneyhttps://www.blogger.com/profile/05225096327264217866noreply@blogger.comtag:blogger.com,1999:blog-8110639002933228971.post-90728349204985843942017-11-28T12:13:33.794-05:002017-11-28T12:13:33.794-05:00The Korematsu decision cited in Villar isn't t...The Korematsu decision cited in Villar isn't the infamous 1944 Supreme Court case - it's the 1984 Federal District Court case where Fred Korematsu petitioned to vacate the original 1942 conviction because of governmental misconduct. In response to the petition, the feds filed a notice of dismissal under Rule 48(a), asking the court to just dismiss the underlying indictment.<br /><br />The district court said that prosecutorial authority to dismiss ends once the case is no longer on direct review (the holding that's relevant to Villar), but granted Fred Korematsu a writ of coram nobis, vacating the 1942 conviction.Anonymousnoreply@blogger.com