In re Dean

527 F.3d 391 (2008)

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In re Dean

United States Court of Appeals for the Fifth Circuit
527 F.3d 391 (2008)

  • Written by Sharon Feldman, JD

Facts

An explosion at a refinery operated by BP Products North America Inc. (BP) killed 15 people and injured more than 170. The government moved ex parte for an order outlining the procedure to be followed under the Crime Victims’ Rights Act (CVRA) because the number of victims made it impracticable to consult the victims before reaching a plea agreement and because notifying the victims could impair the plea-negotiation process and prejudice the case. The district court issued an ex parte order prohibiting the government from notifying victims until a plea agreement was executed. After BP signed the plea agreement, the government notified the victims of their right to be heard at the scheduled proceedings. At the plea hearing, Alisa Dean and 11 other victims (the victims) (plaintiffs) alleged that the plea agreement violated the CVRA and asked the court to reject the agreement. The district court (defendant) denied the request. The victims petitioned for a writ of mandamus, asking the Fifth Circuit to reverse the district court’s decision, reject the plea agreement, and permit the parties to proceed in a way that respected victims’ rights. A Fifth Circuit panel granted the mandamus petition and directed the district court not to do anything to effectuate the plea agreement until further order.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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