» Entries tagged with "motion to dismiss"

Case against DeCosta Dismissed

The case against David DeCosta has been dismissed. Here is the story, and here is the minute entry. I haven’t seen the state’s motion to dismiss, but Arizona Criminal Attorney Russ Richelsoph tells me the state moved to dismiss without prejudice because there was “no reasonable likelihood of conviction.” I summarized the facts of the case here, but Mark Bennett explained it best: DeCosta was set up by the Maricopa County Sheriff’s Office and the Phoenix Police Department, and he was almost certainly factually innocent. When I found out the criminal case against DeCosta was dismissed, my first thought was “it’s about damn time.” My second thought was “what’s he going to do now?” In my daily practice, I see how destructive criminal charges can be. I … Read entire article »

Filed under: Uncategorized

Precluding the State's Objections to a Motion

Rule 16 of the Arizona Rules of Criminal Procedure governs Pretrial Motion Practice. Rule 16.1, which is entitled “General Provisions,” includes the time periods in which motions and responses must be filed. The rule provides in relevant part that “[a]ll motions shall be made no later than 20 days prior to trial” and “[t]he opposing party shall have 10 days within which to file a response.” As a remedy for untimely filing, the rule provides that “[a]ny motion, defense, objection, or request not timely raised . . . shall be precluded, unless the basis therefor was not then known, and by the exercise of reasonable diligence could not then have been known, and the party raises it promptly upon learning of it.” It seems clear enough. If … Read entire article »

Filed under: Procedural Rules, Prosecutors

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