Missouri Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute

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The sixth amendment to the U.S. Constitution guarantees all persons accused of criminal wrongdoing the right to a speedy trial. Although this right is derived from the federal Constitution, it has been made applicable to state criminal proceedings through the U.S. Supreme Court's interpretation of the due process and equal protection Clauses of the fourteenth amendment.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

A Missouri Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute is a legal remedy sought by defendants when they believe their right to a speedy trial has been violated due to the prosecution's failure to diligently pursue the case. This motion asserts that the indictment should be quashed, dismissed, or set aside because the delay in prosecution has prejudiced the defendant's ability to present evidence or mount an effective defense. This type of motion is commonly used when there has been an unjustifiable delay or neglect by the prosecution. There are a few different types of Missouri Motions to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute, each addressing specific legal circumstances: 1. Motion to Quash Indictment: This motion challenges the validity of the indictment itself on the grounds that it is deficient or fails to meet legal requirements. It may argue that the indictment is vague, lacks specificity, or that the grand jury proceedings were flawed. 2. Motion to Dismiss Indictment: This motion seeks to have the indictment dismissed based on the prosecution's failure to prosecute the case in a timely manner. It asserts that the defendant's constitutional right to a speedy trial has been violated, and the delay has caused prejudice to the defense. 3. Motion to Set Aside Indictment: This motion calls for the indictment to be set aside due to improper or insufficient evidence presented to the grand jury. It might argue that the prosecution intentionally withheld exculpatory evidence or misled the grand jury, thus rendering the indictment unjust. In general, a Missouri Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute aims to remedy situations where a defendant's constitutional rights have been violated through negligent or intentional delays in the legal process. By asserting these motions, defendants seek to halt or dismiss the criminal proceedings based on the prosecution's failure to fulfill their duty to diligently pursue the case.

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Grounds. A Rule 12(b) motion can be based on: (1) lack of subject matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19.

Transitive verb. If a court or someone in authority quashes a decision or judgment, they officially reject it. The Appeal Court has quashed the convictions of all eleven people. Synonyms: annul, overturn, reverse, cancel More Synonyms of quash.

A motion to quash is most commonly filed at the beginning of a trial, or an appeal as a pretrial motion. It may be considered as somewhat similar to a motion to dismiss. However, a motion to quash asks the court to nullify a previous court ruling, whereas a motion to dismiss requests the same of a current filing.

A motion to quash a search warrant is essentially a motion to suppress. However, it is more difficult to demonstrate that police acted unreasonably when they did in fact obtain a search warrant from a judge before conducting a search. Yet, there is still hope to invalidate the search and suppress the evidence.

Quash means to set aside or to void. In a legal context, quash can be used to describe the process of terminating proceedings or motions or to describe the exclusion of evidence from trial.

In law, a motion to quash is a formal request made to a court to declare a specific proceeding, such as a subpoena, an arrest warrant, or a legal complaint, as invalid or void. The purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question.

Section 534.120 - Failure to prosecute, nonsuit. 534.120. Failure to prosecute, nonsuit. ? If the complainant fail to attend and prosecute his suit in person, or by agent or attorney, at the time appointed for the hearing of the complaint, he shall be nonsuited, and the defendant shall recover his costs.

A motion to quash is most commonly filed at the beginning of a trial, or an appeal as a pretrial motion. It may be considered as somewhat similar to a motion to dismiss. However, a motion to quash asks the court to nullify a previous court ruling, whereas a motion to dismiss requests the same of a current filing.

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Dec 10, 2020 — However, a motion to quash asks the court to nullify a previous court ruling, whereas a motion to dismiss requests the same of a current filing. The court shall specify of record the grounds upon which the order is entered. (b) Failure to file a motion within the time limit provided by this Rule 38.08 ...Feb 24, 2015 — Louis dismissing with prejudice the information charging Robert Metzinger (Defendant) with making a terrorist threat under Section 574.115. 1. by LB Orfield — It is helpful to a defendant who demurs when he should plead in abatement, or moves to quash when he should demur. At the same time, it expedites the ... This is an appeal from a judgment in a scire facias proceeding making absolute a judgment of forfeiture of a $1,500 cash bail deposited by appellant, Edwin Leo ... Defendant's motion to dismiss the appeal by writ of error first must be ruled. In support of this motion defendant sets up that a motion to quash an indictment ... Texas law guarantees an accused the right to have an indictment present fair notice of the charges against him. Article I, Section 10, of the Texas Constitution ... by ROF PERSONS — the appellate court set aside the defendant's conviction on the basis that the prosecution had failed to rebut defendant's proof of insan- ity. In directing ... Rule 27.22 specifies the grounds upon which the court may arrest or set aside a judgment, as follows: ... the disposition we find it necessary to make of the ... Oct 2, 2023 — Motion to Quash the Indictment and dismiss the Indictment and charges as to Defendant Shawn. Still. This 2nd day of October, 2023 ...

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Missouri Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute