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Appellate Oral Argument Set in Important Immunity Case


An important appellate case is scheduled for upcoming oral argument. Domina Law Group pc llo's client seeks a significant ruling.

The United States Court of Appeals for the Eighth Circuit scheduled oral argument during the week of October 13 in Schenk v. Chavis, Case No. 95-1572. The Appellate Panel will be called upon to decide whether the doctrine of prosecutorial immunity extends to a State Court prosecutor who knows he is a material witness, fails to disqualify himself before initiating criminal proceedings, files a criminal case, then steps aside to become a witness. The case will also require the Appellate Court to decide whether a sworn complaint is sufficient to provide appropriate substantive guarantees where there is no supportive affidavit establishing probable cause for an arrest warrant.

The Schenk case arises out of an acrimonious controversy in Yankton County, South Dakota.

January 20, 2006
David A. Domina

Domina Law Group pc llo is a firm of trial lawyers. We specialize in complex litigation on a national basis. Our lawyers are ethical, aggressive, and committed to providing spirit and vitality to the judicial system and our client’s legal rights.

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