West Virginia Motion to Remedy Prosecutorial Abuse

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Multi-State
Control #:
US-00810
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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

The court shall by order establish and approve in advance the reasonable fees and expenses to be paid to an expert. Except as to evaluations pursuant to W.Va.

The Supreme Court of Appeals of West Virginia is West Virginia's highest court and has judicial and administrative jurisdiction over the entire state court system.

A class action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs.

When an indictment is found in any county, against a person for a felony or misdemeanor, the accused, if in custody, or if he appear in discharge of his recognizance, or voluntarily, shall, unless good cause be shown for a continuance, be tried at the same term.

Rule 20. Unless otherwise ordered, the time to answer or otherwise respond to a complaint may be extended by stipulation. The stipulation shall constitute an appearance by any defendant who is a party to it.

ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE. No court shall, without a jury, for any such contempt as is mentioned in subdivision (a) of this section, impose a fine exceeding $50, or imprison more than ten days.

Rule 17 - Parties plaintiff and defendants; capacity (a)Real party in interest. - Every action shall be prosecuted in the name of the real party in interest.

Rule 35(b) reduction of sentence - Within 120 days after sentencing has occurred, your lawyer can request that the sentencing judge reconsider your sentence. You can ask for a reduction in sentence or an alternative form of sentence.

Every person charged by presentment or indictment with a felony or misdemeanor and, remanded to a court of competent jurisdiction for trial, shall be forever discharged from prosecution for the offense, if there be three regular terms of such court, after the presentment is made or the indictment is found against him ...

Rule 4.03 - Representation of Parties and Pro Se Appearances; Withdrawal (a) Every party to proceedings before any court, except parties appearing pro se, shall be represented by a person admitted to practice before the Supreme Court of Appeals of West Virginia and in good standing as a member of its bar and may be ...

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West Virginia Motion to Remedy Prosecutorial Abuse