A Delaware Motion to Quash Indictment is a legal document filed by a defendant requesting the court to dismiss or negate an indictment issued against them. This motion is commonly used to challenge the validity of the indictment by highlighting legal deficiencies or procedural errors in the charging document. By doing so, the defendant aims to have the indictment deemed invalid, leading to the dismissal of the criminal charges. In Delaware, there are several types of motions to quash an indictment that defendants may consider, depending on their specific circumstances: 1. Legal Insufficiency: This type of motion argues that the indictment fails to meet the legal requirements necessary to sustain the criminal charges. It asserts that the charges are not supported by sufficient evidence or fail to allege all the necessary elements of the offense. 2. Procedural Errors: Defendants can file a motion to quash if any irregularities or procedural errors occurred during the grand jury proceedings or the indictment process. Examples of procedural errors may include the presence of biased jurors, improper presentation of evidence, or failure to follow statutory guidelines. 3. Double Jeopardy: This motion asserts that the defendant is being prosecuted for the same offense twice, which violates their constitutional protection against double jeopardy. This typically applies when the defendant has already been acquitted or convicted of the same offense in a previous trial. 4. Selective or Unfair Prosecution: If a defendant believes that they are being unfairly targeted or selectively prosecuted based on improper motives, such as race, religion, or political affiliation, they may file a motion to quash the indictment on those grounds. 5. Statute of Limitations: A motion based on the statute of limitations argues that the prosecution has filed the indictment beyond the legally allowed timeframe. It claims that the charges should be dismissed because they were brought after the specified limitations period. 6. Constitutional Violations: Defendants can file a motion challenging the indictment based on violations of their constitutional rights. This may include, but is not limited to, violations of their rights to due process, equal protection, or protection against illegal searches and seizures. In conclusion, a Delaware Motion to Quash Indictment is a legal tool used by defendants to challenge the validity of an indictment. By filing this motion, defendants seek to have the indictment dismissed by highlighting legal deficiencies, procedural errors, double jeopardy, selective prosecution, statute of limitations, or constitutional violations.
Delaware Motion to Quash Indictment
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-- Rule 26 protects communications between the party's attorney and any witness required to provide an opinion under Rule 26(b)(4) regardless of the form of the communications, except to the extent that communications: (i) relate to compensation for the expert study or testimony; (ii) identify facts or data that the ...
Rule 28 - Brief of amicus curiae (a)When permitted. -A brief of an amicus curiae may be filed only by leave of Court granted on motion or at the request of the Court. (b)Motion for leave to file.
(1) Every subpoena shall (A) state the name of the Court and the county from which it is issued; and (B) state the title of the action, the name of the court in which it is pending, and its civil action number; and (C) command each person to whom it is directed to attend and give testimony or to produce and permit ...
Rule 29 - Dismissal (a)Voluntary dismissal. -At any time before filing of the appellee's brief, an appellant may dismiss the appellant's appeal voluntarily by serving a notice of dismissal upon the other parties to the appeal, by filing the same with the Clerk and paying the costs.
A motion to dismiss the indictment may be based on objections to the array or on the lack of legal qualification of an individual juror, if not previously determined upon challenge. It shall be made in the manner prescribed in 10 Del. C. § 4512 and shall be granted under the conditions prescribed in that statute.
29. Rule 29 - Motion for judgment of acquittal (a) Motion before submission to jury. - Motions for directed verdict are abolished and motions for judgment of acquittal shall be used in their place.
(b)Dismissal by Court. If there is unnecessary delay in the filing of an information against a person held to answer, the Court may dismiss all proceedings in that action and release the accused and vacate any appearance bonds, notwithstanding the provisions of Rule 46(i).
Ct. 30. Rule 30 - Depositions upon oral examination (a) When depositions may be taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination.