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A motion to dismiss filed by Joseph was denied, and as of July 2020, no trial date has been set. Federal prosecutions of state judges are extremely rare in the United States. This was the first prosecution of a sitting Massachusetts judge since 1787, when a judge was prosecuted for helping rebels in Shays' Rebellion.
United States v. LaMacchia 871 F.Supp. 535 (D.Mass. 1994) was a case decided by the United States District Court for the District of Massachusetts which ruled that, under the copyright and cybercrime laws effective at the time, committing copyright infringement for non-commercial motives could not be prosecuted under criminal copyright law.
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
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 ...
Killing of John O'Keefe Location Canton, Massachusetts, US Date January 29, 2022 (2022-1-29) Deaths 1 Victim Officer John O'Keefe Accused Karen Read In the early morning hours of January 29, 2022, Boston Police Department Officer John O'Keefe was found dead outside the home of Boston Police Officer Brian Albert in Canton, Massachusetts. O'Keefe had been dropped off at a party the night before ...
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 ...
Two additional motions to dismiss — on statutory grounds and claims of selective or vindictive prosecution — are pending. Trump faces four counts of criminal conduct related to conspiracy to ...
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.