Platt v. Minnesota Mining Manufacturing Co, No. 113

CourtUnited States Supreme Court
Writing for the CourtCLARK
Citation11 L.Ed.2d 674,84 S.Ct. 769,376 U.S. 240
Decision Date09 March 1964
Docket NumberNo. 113
PartiesHon. Casper PLATT, Petitioner, v. MINNESOTA MINING & MANUFACTURING CO

376 U.S. 240
84 S.Ct. 769
11 L.Ed.2d 674
Hon. Casper PLATT, Petitioner,

v.

MINNESOTA MINING & MANUFACTURING CO.

No. 113.
Argued Jan. 9, 1964.
Decided March 9, 1964.

Daniel M. Friedman, Washington, D.C., for petitioner.

John T. Chadwell, Chicago, Ill., for respondent.

Page 241

Mr. Justice CLARK delivered the opinion of the Court.

Rule 21(b) of the Federal Rules of Criminal Procedure provides that where it appears that an offense was committed in more than one district or division and the court 'is satisfied that in the interest of justice the proceeding should be transferred' to another such district or division than the one wherein it is filed, the court shall, upon motion, transfer the case. The respondent filed such a motion to transfer this antitrust prosecution from the Eastern District of Illinois to the District of Minnesota. After a hearing, the trial judge denied this motion on the ground that the factors of convenience, expense and early trial, together with the fact that it 'would be more difficult (for the Government) to get a fair and impartial jury in the Minnesota District,' convinced him that 'the interest of justice' would not be promoted by a transfer. The respondent then petitioned the Court of Appeals to issue a writ of mandamus1 directing the transfer. The Court of Appeals found that the trial judge had treated the factor of a fair and impartial trial as the 'most important item'2 in his decision and that this was not an appropriate criterion. It concluded that in addition to 'the essential elements of convenience, expense and early trial, constituting 'interest of justice' in a civil case,' a criminal case was 'impressed with the fundamental historical right of a defendant to be prosecuted in its own environment or district * * *.'3 Upon reviewing the record, the Court of Appeals substituted its own findings for those of the trial judge and ordered the case transferred. 314 F.2d 369. Chief Judge Hastings dissented.

Page 242

We granted the petition for certiorari in view of the importance of the questions to the prosecution of multivenue cases. 374 U.S. 825, 83 S.Ct. 1870, 10 L.Ed.2d 1050. We believe that the Court of Appeals erred in ordering the transfer and therefore vacate its judgment and remand the case for further consideration by the District Court.

I.

A grand jury sitting at Danville, in the United States District Court for the Eastern District of Illinois, returned an indictment charging the respondent with violating §§ 1 and 2 of the Sherman Act. The indictment charged an attempt to monopolize and a conspiracy to restrain and monopolize interstate and foreign commerce in pressure-sensitive tape, magnetic recording media and aluminum presensitized lithographic plates. The offense was alleged to have been committed in part in the Eastern District of Illinois, which includes both Danville and East St. Louis. It is agreed that the indictment could have been returned in the District of Minnesota as well as several other districts.

The Court of Appeals found, in contradiction to the finding of the District Court, that a trial in the Eastern District of Illinois would result in unjustifiable increased expenses to the respondent of 'at least $100,000, great inconvenience of witnesses, serious disruption of business and interference of contact between the (respondent's) executives and its trial attorneys * * *.'4 It also found that respondent had no office, plant, or other facility in the Eastern District and that there was less congestion in the docket of the Minnesota District than in the Eastern District of Illinois. The court concluded that this was a 'demonstration by proof or admission of the essential elements of convenience, expense and early trial, consti-

Page 243

tuting 'interest of justice' in a civil case,'5 which, augmented by the additional consideration that this was a criminal action, compelled the granting of the motion to transfer.

In awarding the mandamus the Court of Appeals placed particular weight on the trial judge's finding that it 'would be more difficult to get a fair and impartial jury in the Minnesota District than in the Eastern District of Illinois.' The...

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303 practice notes
  • United States v. Hurwitz, Crim. No. 83-20065.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • October 21, 1983
    ...of each district ... involved; and (10) any other special elements which might affect a transfer." Platt v. Minnesota Mining & Mfg. Co., 376 U.S. 240, 243-44, 84 S.Ct. 769, 771, 11 L.Ed.2d 674 (1964). "To warrant a transfer the defendants must demonstrate and the court must be satisfied tha......
  • U.S. v. Kopituk, No. 80-5025
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • November 4, 1982
    ...not have a constitutional right to be tried in the district encompassing his residence. Platt v. Minnesota Mining and Manufacturing Co., 376 U.S. 240, 245, 84 S.Ct. 769, 772, 11 L.Ed.2d 674 (1964). Since venue properly laid in the Southern District of Florida (see note 30, supra ), Williams......
  • U.S. v. Lewis, No. 74-1242
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • October 8, 1974
    ...judges traditionally have been held to have wide discretion in disposing of change of venue motions. Platt v. Minnesota Mining & Mfg. Co., 376 U.S. 240, 245, 84 S.Ct. 769, 11 L.Ed.2d 674 (1964); United States v. Projansky,465 F.2d 123, 139 (2d Cir.), cert. den., 409 U.S. 1006, 93 S.Ct. 432,......
  • In re Flynn, No. 20-5143
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • August 31, 2020
    ...marks omitted). "[T]he writ cannot be used ‘to actually control the decision of the trial court,’ " Platt v. Minn. Mining & Mfg. Co. , 376 U.S. 240, 245, 84 S.Ct. 769, 11 L.Ed.2d 674 (1964) (quoting Bankers Life & Cas. Co. v. Holland , 346 U.S. 379, 383, 74 S.Ct. 145, 98 L.Ed. 106 (1953) ),......
  • Request a trial to view additional results
303 cases
  • United States v. Hurwitz, Crim. No. 83-20065.
    • United States
    • United States District Courts. 4th Circuit. Southern District of West Virginia
    • October 21, 1983
    ...of each district ... involved; and (10) any other special elements which might affect a transfer." Platt v. Minnesota Mining & Mfg. Co., 376 U.S. 240, 243-44, 84 S.Ct. 769, 771, 11 L.Ed.2d 674 (1964). "To warrant a transfer the defendants must demonstrate and the court must be satisfied tha......
  • U.S. v. Kopituk, No. 80-5025
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • November 4, 1982
    ...not have a constitutional right to be tried in the district encompassing his residence. Platt v. Minnesota Mining and Manufacturing Co., 376 U.S. 240, 245, 84 S.Ct. 769, 772, 11 L.Ed.2d 674 (1964). Since venue properly laid in the Southern District of Florida (see note 30, supra ), Williams......
  • U.S. v. Lewis, No. 74-1242
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • October 8, 1974
    ...judges traditionally have been held to have wide discretion in disposing of change of venue motions. Platt v. Minnesota Mining & Mfg. Co., 376 U.S. 240, 245, 84 S.Ct. 769, 11 L.Ed.2d 674 (1964); United States v. Projansky,465 F.2d 123, 139 (2d Cir.), cert. den., 409 U.S. 1006, 93 S.Ct. 432,......
  • In re Flynn, No. 20-5143
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • August 31, 2020
    ...marks omitted). "[T]he writ cannot be used ‘to actually control the decision of the trial court,’ " Platt v. Minn. Mining & Mfg. Co. , 376 U.S. 240, 245, 84 S.Ct. 769, 11 L.Ed.2d 674 (1964) (quoting Bankers Life & Cas. Co. v. Holland , 346 U.S. 379, 383, 74 S.Ct. 145, 98 L.Ed. 106 (1953) ),......
  • Request a trial to view additional results

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