Contact Us
Archives
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- November 2012
- October 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- March 2011
- February 2011
- January 2011
- July 2010
- June 2010
- April 2010
- March 2010
- January 2010
- September 2009
Category Archives: Indictment
Trial Court May Enhance Federal Sentence Even Where Enhancement Omitted From Indictment
United States v. Cotton Indictment errors: failure to include within the indictment a fact that enhances the statutory maximum sentence does not in itself justify an appellate court vacating the enhanced sentence. United States v. Cotton 122 S.Ct.1781 Decided: May … Continue reading
Prosecution Can Not Dismiss A Count In An Indictment Without The Permission Of The Court
People v. Extale New York Court of Appeals 2012 NY Slip Op 02247 Decided March 27, 2012. Issue: Whether the prosecution can dismiss a count in an indictment over the defendant’s objection. Held: A prosecutor does not have … Continue reading
Posted in Indictment
Leave a comment
Authority Of The Trial Court To Reinstate An Indictment And Superseding Indictments
People v. Frederick New York Court of Appeals Slip Op 04874 Decided June 10, 2010 Issue : whether a trial court can reinstate an indictment for felony murder after a mistrial had been declared and the indictment dismissed pursuant to … Continue reading
Posted in Blog, Discretion of Trial Court, Indictment
Leave a comment
