Upon motion of a defendant the court may dismiss an indictment in any of the following circumstances:
" When the names of the witnesses are not inserted at the foot of the indictment or information or endorsed thereon;
" When more than one offense is charged in a single count;
" When it does not describe a public offense;
" When it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other bar to the prosecution;
" When the grand jury which filed the indictment had no legal authority to inquire into the offense charged because it was not within the jurisdiction of the grand jury or because the court was without jurisdiction of the offense charged; and
" When an improper person was permitted to be present during the session of the grand jury while the charge embraced in the indictment was under consideration.
The above is not an exhaustive list.
A Wyoming Motion to Dismiss Counts of Indictment is a legal document filed by the defense counsel in a criminal case, seeking the dismissal of one or more charges specified in the indictment. This motion essentially asks the court to dismiss certain counts based on various legal grounds, evidentiary insufficiencies, or due process violations. There are several types of Wyoming Motions to Dismiss Counts of Indictment that can be filed depending on the specific circumstances of the case: 1. Insufficient Evidence Motion: This type of motion argues that there is insufficient evidence to support the charges brought against the defendant. The defense must demonstrate that the prosecution's evidence, when viewed in the light most favorable to the prosecution, fails to establish the elements of the offense beyond a reasonable doubt. 2. Defective Indictment Motion: This motion challenges the validity of the indictment itself. The defense may argue that the charging document is defective or fails to meet the legal requirements necessary to proceed with the charges. This could be due to technical errors, constitutional violations, or lack of specificity in the charges. 3. Double Jeopardy Motion: This type of motion asserts that the defendant is being subjected to multiple prosecutions for the same offense, which is prohibited by the Fifth Amendment's protection against double jeopardy. The defense may argue that the charges in the indictment are duplicative or arise from the same criminal conduct. 4. Statute of Limitations Motion: In this motion, the defense claims that the prosecution filed the charges after the expiration of the applicable statute of limitations. The defense must demonstrate that the charging period specified by law has lapsed, barring the prosecution from pursuing the case any further. 5. Prosecutorial Misconduct Motion: This motion alleges misconduct by the prosecution, such as withholding exculpatory evidence, tampering with witnesses, or engaging in improper behavior that violates the defendant's due process rights. The defense must provide clear evidence of such misconduct for the court to consider dismissing the counts. 6. Violation of Constitutional Rights Motion: This motion asserts that the defendant's constitutional rights, such as the Fourth Amendment protection against unlawful searches and seizures or the Fifth Amendment protection against self-incrimination, were violated during the investigation or arrest process. The defense must prove that the violations were substantial enough to warrant the dismissal of the charges. It is important to note that the availability and success of these motions may vary depending on the specifics of the case and the interpretation of the law by the court. The defense counsel will carefully analyze the facts and legal precedents to determine the most appropriate motion to dismiss counts of indictment in Wyoming.
