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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 ...
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 ...
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.
A judge has denied a motion to dismiss charges in the Uvalde, Texas, criminal case stemming from the 2022 mass shooting and has set a tentative trial date. Former Uvalde school district police ...
A federal judge has vacated the upcoming trial date for New York City Mayor Eric Adams, but declined to immediately dismiss the charges all together in a case that has roiled the Justice Department.
“The United States respectfully submits this motion seeking dismissal without prejudice of the charges in this case, with leave of the Court,” the DOJ officials wrote in a Friday notice to the ...
Special pleas in federal criminal cases have been abolished, and defenses formerly raised by special pleas are now raised by motion to dismiss. A conditional plea is one where the defendant pleads guilty to the offense but expressly reserves the right to appeal certain aspects of the charges (for example, that the evidence was illegally obtained).
A federal judge in New York City ordered Mayor Eric Adams and Trump administration Department of Justice (DOJ) officials to court over the motion to dismiss corruption charges filed under the ...
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