Idaho Motion to Remedy Prosecutorial Abuse

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State:
Multi-State
Control #:
US-00810
Format:
Word; 
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Description

This form is a detailed sample motion to remedy prosecutorial misconduct related to published remarks of a prosecutor. Defendant requests various sanctions against prosecutor including his recusal. Citing state and federal law, as well as rules of professional conduct for support. Adapt to fit your circumstances.
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FAQ

A motion to withdraw a plea of guilty may be made only before sentence is imposed or imposition of sentence is suspended; but to correct manifest injustice the court may set aside the judgment of conviction after sentence and may permit the defendant to withdraw a plea of guilty.

A motion under Rule 29 of the Federal Rules of Criminal Procedure, ing to the Atlantic, authorizes a federal judge to dismiss a criminal case after the prosecution presents evidence, if the judge finds that the evidence was insufficient to find guilt beyond a reasonable doubt.

A ?Rule 29 Motion,? based on Federal Rule of Criminal Procedure 29, is typically made twice during a federal trial ? first, at the close of the Government's case, and again at the close of the entire case. These motions allow the judge to dismiss the case as a matter of law.

Within 120 days of the entry of the judgment imposing sentence or order releasing retained jurisdiction, a motion may be filed to correct a sentence that has been imposed in an illegal manner or to reduce a sentence and the court may correct or reduce the sentence.

Rule 60(a). Relief from a Judgment or Order ? Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record.

After the prosecution closes its evidence or after the close of all the evidence, the court on defendant's motion or on its own motion, must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction.

(b) Failure to appear after first appearance. If a defendant fails to appear at the time fixed by the court, or at the time fixed by a continuance or trial date notice issued by the clerk, the court may order any bond forfeited and may issue a bench warrant for the arrest of the defendant.

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Idaho Motion to Remedy Prosecutorial Abuse