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Short title: Microsoft Word - MTF MTD v4.docx: Author: DMetcalf1: Software used: PScript5.dll Version 5.2.2: Conversion program: Acrobat Distiller 15.0 (Windows); modified using iText® 5.5.9 ©2000-2015 iText Group NV (AGPL-version)
N.Y. Crim. Proc. Law § 210.40 grants the defendant (or the prosecutor or the court) the power to apply for relief: . First, it directs the court to find, under the general concept of the "furtherance of justice" stated in its provisions, that the "dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstance clearly ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
Special counsel Jack Smith on Monday filed a motion to dismiss President-elect Donald Trump’s Jan. 6 criminal indictment for allegedly defrauding the United States, conspiring to obstruct ...
U.S. District Judge Aileen Cannon on Thursday denied motions by two of former President Donald Trump's co-defendants to dismiss charges in the classified documents case.
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The Federal Rules of Criminal Procedure provide in rule 7(f) that "the court may direct the government to file a bill of particulars".. In U.S. state law, the bill of particulars was abolished in nearly all court systems in the 1940s and 1950s due to the widespread recognition that much of the information requested could be obtained more efficiently through the discovery process.
Sen. Bob Menendez, D-N.J., on Wednesday filed a motion to dismiss an indictment charging him with bribery and acting as a foreign agent. In a statement, Menendez's lawyer Adam Fee said in a ...
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