Prosecutorial misconduct can be defined as the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury. Prosecutorial misconduct is a procedural defense; via which, a defendant may argue that they should not be held criminally liable for actions which may have broken the law, because the prosecution acted in an "inappropriate" or "unfair" manner. Such arguments may involve allegations that the prosecution withheld evidence or knowingly permitted false testimony. This is similar to selective prosecution.
West Virginia Motion to Dismiss, Quash, or Set Aside due to Abuse of Grand Jury and Prosecutorial Misconduct
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How to fill out Motion To Dismiss, Quash, Or Set Aside Due To Abuse Of Grand Jury And Prosecutorial Misconduct?
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Disclosure rules for civil litigation in United States federal courts generally do not require third-parties to create documents or other information that do not already exist.Federal Rule of Civil Procedure 45 allows parties in civil litigation to issue subpoenas to non-parties, who must i) produce documents as they ...
Rule 45-Subpoena. (a) Form; Issuance. (D) set forth the text of subdivisions (c) and (d) of this rule. A command to produce evidence or to permit inspection may be joined with a command to appear at trial or hearing or at deposition, or may be issued separately.
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.
- When two or more actions arising out of the same transaction or occurrence are pending before different courts or before a court and a magistrate, the court in which the first such action was commenced shall order all the actions transferred to it or any other court in which any such action is pending.
Rule 41 - Search and seizure (a)Authority to issue warrant. - Upon the request of a law enforcement officer or an attorney for the state, a search warrant authorized by this rule may be issued by a magistrate or a judge of a circuit court within the county wherein the property or person sought is located.
Before a court may dismiss an action under Rule 41(b), notice and an opportunity to be heard must be given to all parties of record. (c)Dismissal of counterclaim, cross-claim, or third-party claim. - The provisions of this rule apply to the dismissal of any counterclaim, cross-claim, or third-party claim.
- Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.